A federal judge on Tuesday denied President Donald Trump’s request that the United States replace him as the defendant in a defamation lawsuit alleging he raped a woman in a Manhattan department store in the 1990s.
The decision by U.S. District Judge Lewis A. Kaplan came after the Justice Department argued that the United States — and by extension the American people — should replace Trump as the defendant in a lawsuit filed by the columnist E. Jean Carroll.
The government’s lawyers contended that the United States could step in as the defendant because Trump was forced to respond to her lawsuit to prove he was physically and mentally fit for the job.
The judge ruled that a law protecting federal employees from being sued individually for things they do within the scope of their employment didn’t apply to a president.
“The President of the United States is not an employee of the Government within the meaning of the relevant statutes,” Kaplan wrote. “Even if he were such an employee, President Trump’s allegedly defamatory statements concerning Ms. Carroll would not have been within the scope of his employment. Accordingly, the motion to substitute the United States in place of President Trump is denied.”
Lawyers for Carroll had written that “only in a world gone mad could it somehow be presidential, not personal, for Trump to slander a woman who he sexually assaulted.”
The Justice Department relied solely on written arguments in the dispute after its lawyer was banned from a Manhattan federal courthouse last week because he had not quarantined for two weeks after traveling to New York from a state on a list of those whose coronavirus test rates were high.
