Justice Department Reverses Stance, Declares Trump Not Shielded by Presidency in Carroll Lawsuit

In a significant reversal, the United States Justice Department announced that it will no longer argue that former President Donald J. Trump's derogatory statements about writer E. Jean Carroll were made in his official capacity as president. This reversal has given new momentum to Carroll's case against Trump.

Carroll, who previously won a $5 million defamation lawsuit against Trump for sexual abuse allegations, is now seeking to move forward with a separate lawsuit focused on comments made by Trump while he was president. If a judge determines that Trump's previous comments were part of his official duties, the case could potentially be dismissed.

Under both the Trump and Biden administrations, the Justice Department had maintained that Trump's statements about Carroll were made in his official capacity. However, in a recent court filing, the department cited new evidence that emerged since Trump left office, including the recent civil trial where a Manhattan jury found Trump liable for sexually assaulting Carroll in the past.

The Justice Department lawyers stated that the new evidence suggests that Trump's motivations were driven by personal grievances rather than his duties as president. They noted that although the statements were made in a work context, they were related to a purely personal incident that occurred long before Trump's presidency.

Trump's legal representative did not respond to requests for comment on the matter. Carroll's lawyer, Roberta A. Kaplan, expressed gratitude for the Justice Department's reconsideration, stating that they have always believed Trump's defamatory statements were made out of personal animus rather than as the president of the United States.

Carroll's pending defamation lawsuit stems from Trump's denial of her accusations in 2019 when she publicly accused him of sexually assaulting her in a department store dressing room in the 1990s. The Justice Department had initially intervened in the lawsuit under a law that substitutes the government as the defendant for federal officials facing lawsuits related to their official acts. However, the judge ruled that Trump's comments had no connection to official business, leading to a lengthy appeal process.

The recent decision by the Justice Department to reverse its position takes into account the jury verdict, the revised complaint from Carroll's lawyers, a deposition given by Trump, and a relevant appeals court decision. The department concluded that there is no longer sufficient basis to argue that Trump's motivation went beyond a desire to serve the United States government.

This development marks a significant turn in the legal battle between E. Jean Carroll and Donald Trump, removing the shield of the presidency from the lawsuit and potentially allowing it to proceed further.