Donald Trump was dealt a blow in E Jean Carroll’s remaining lawsuit against him after the US Justice Department reversed a crucial opinion that sought to protect the former president from the case, all but assuring the matter will go to trial in January.
The new opinion by the government, outlined in a letter filed Tuesday in federal court, determined that Trump no longer qualifies for government-employee immunity and can be sued for remarks he made about Carroll while he was president in 2019.
The move is a reversal of a previous department opinion that concluded Trump was protected by the Westfall Act, which bars civil suits against employees of the federal government over claims that relate to their official duties.
The DOJ revisited the issue after an appeals court clarified that workers are only protected by the law if their actions were intended to help the government. According to the DOJ, Trump’s argument that his comments about Carroll were intended only to serve the US was undermined by a May jury finding in a parallel case that he had abused Carroll “long before he became President.”
The move is a reversal of a previous department opinion that concluded Trump was protected by the Westfall Act, which bars civil suits against employees of the federal government over claims that relate to their official duties.
The DOJ revisited the issue after an appeals court clarified that workers are only protected by the law if their actions were intended to help the government. According to the DOJ, Trump’s argument that his comments about Carroll were intended only to serve the US was undermined by a May jury finding in a parallel case that he had abused Carroll “long before he became President.”