Please ensure Javascript is enabled for purposes of website accessibility

A First Look at Fresno State’s Quarterback Battle

2 days ago

Israeli Columnist Alleges Ethnic Cleansing Plan in Gaza

2 days ago

Tesla to Roll out Bay Area Robotaxis With Safety Drivers, Report Says

2 days ago

Thailand and Cambodia Exchange Heavy Artillery Fire as Border Battle Expands

2 days ago

California Cannot Require Background Checks to Buy Ammunition, US Appeals Court Rules

3 days ago

TikTok Will Go Dark in US Without Chinese Approval of Sale Deal, Lutnick Says

3 days ago

Fresno County Authorities Still Searching for Missing Mother and Infant

3 days ago
Judge: Trump Can't Be Replaced as Defendant in Defamation Suit
gvw_ap_news
By Associated Press
Published 5 years ago on
October 27, 2020

Share

NEW YORK — 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 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.

A lawyer for Carroll, Roberta Kaplan, called it a clear victory for her client.

“The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the Office of the President,” Kaplan said in a statement.

Messages were left on Tuesday for lawyers for Trump and the Justice Department seeking comment.

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 Trumps 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.”

Trump Said Carroll Was ‘Totally Lying’ to Sell a Memoir

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.

Carroll, a former longtime advice columnist for Elle magazine, said in her lawsuit that in the fall of 1995 or spring of 1996 she and Trump met in a chance encounter when they recognized each other at the Bergdorf Goodman store.

She said they engaged in a lighthearted chat about trying on a see-through lilac gray bodysuit when they made their way to a dressing room, where she said Trump pushed her against a wall and raped her.

Trump said Carroll was “totally lying” to sell a memoir and that he’d never met her, though a 1987 photo showed them and their then-spouses at a social event. He said the photo captured a moment when he was standing in a line.

Carroll, who wants unspecified damages and a retraction of Trump’s statements, also seeks a DNA sample from Trump to see whether it matches as-yet-unidentified male genetic material found on a dress that she says she was wearing during the alleged attack.

The Associated Press does not identify people who say they have been sexually assaulted unless they come forward publicly, as Carroll has done.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

California School Board Resigns After Audit Reveals $180M in Improper Funding

DON'T MISS

NASA Says 20% of Workforce to Depart Space Agency

DON'T MISS

Frustration, Gaza Alarm Drove Macron to Go It Alone on Palestine Recognition

DON'T MISS

Trump Golfs in Scotland as Epstein Questions Persist

DON'T MISS

Visalia Police Arrest Armed Robbery Suspect at Long John Silver’s

DON'T MISS

Grand Rising Brings Sober Day Party Vibes to Fresno

DON'T MISS

Jack McAuliffe, Who Started a Craft Beer Revolution, Dies at 80

DON'T MISS

Fresno Crash Leaves One Dead After Car Submerges in Canal

DON'T MISS

Lemoore Farmers Fed Up With Lack of Representation on Groundwater Agency

DON'T MISS

‘Jenny from the Block’ Rescued After Camping Out by Calwa ATM

UP NEXT

Trump Golfs in Scotland as Epstein Questions Persist

UP NEXT

US Judge Reaffirms Nationwide Injunction Blocking Trump Executive Order on Birthright Citizenship

UP NEXT

White House Will Release $5.5 Billion for Schools, After Surprise Delay

UP NEXT

US States to Get $608 Million From FEMA to Build Migrant Detention Centers

UP NEXT

Trump: Strong Dollar Sounds Good but ‘You Make a Hell of a Lot More’ With a Weaker One

UP NEXT

Trump Says US May Not Have a Negotiated Trade Deal With Canada

UP NEXT

Trump Says There Is a 50-50 Chance of Trade Deal With EU

UP NEXT

Amid Epstein Furor, Ghislaine Maxwell Seeks Relief From US Supreme Court

UP NEXT

US Justice Department Official Meets Epstein Associate Maxwell

UP NEXT

Lara Trump Skips North Carolina US Senate Race, Clears Way for Cooper Versus Whatley

Trump Golfs in Scotland as Epstein Questions Persist

21 hours ago

Visalia Police Arrest Armed Robbery Suspect at Long John Silver’s

21 hours ago

Grand Rising Brings Sober Day Party Vibes to Fresno

21 hours ago

Jack McAuliffe, Who Started a Craft Beer Revolution, Dies at 80

21 hours ago

Fresno Crash Leaves One Dead After Car Submerges in Canal

21 hours ago

Lemoore Farmers Fed Up With Lack of Representation on Groundwater Agency

22 hours ago

‘Jenny from the Block’ Rescued After Camping Out by Calwa ATM

22 hours ago

Tulare Officer Injured in Crash While Trying to Save Unresponsive Infant. Child Dies at Hospital

2 days ago

PBS Has a Future by Leaving the Past Behind: Opinion

2 days ago

Fresno Council Candidate Rassamni Says City Is Investigating Him Amid Allegations by Arias

2 days ago

California School Board Resigns After Audit Reveals $180M in Improper Funding

The entire board of directors overseeing Highlands Community Charter and Technical Schools in Sacramento has either resigned or been removed...

18 hours ago

The entire board of Highlands Community Charter in Sacramento stepped down after a state audit found the school improperly received over $180 million and engaged in questionable spending. (Shutter
18 hours ago

California School Board Resigns After Audit Reveals $180M in Improper Funding

The NASA logo is seen at Kennedy Space Center in Cape Canaveral, Florida, U.S., April 16, 2021. (Reuters File)
21 hours ago

NASA Says 20% of Workforce to Depart Space Agency

Egypt's President Abdel Fattah al-Sisi and French President Emmanuel Macron visit a ward for Palestinian patients at El Arish Hospital, close to the border with the Gaza Strip, in Arish, Egypt April 8, 2025. Ludovic Marin/Pool via REUTERS
21 hours ago

Frustration, Gaza Alarm Drove Macron to Go It Alone on Palestine Recognition

U.S. President Donald Trump golfs at Trump Turnberry resort in Turnberry, Scotland, Britain, July 26, 2025. (Reuters/Phil Noble)
21 hours ago

Trump Golfs in Scotland as Epstein Questions Persist

Noah Robinson, 38, was arrested after allegedly robbing a Visalia Long John Silver’s at knifepoint and attempting to flee through nearby backyards with $110 in stolen cash on Friday, July 25, 2025. (Visalia PD)
21 hours ago

Visalia Police Arrest Armed Robbery Suspect at Long John Silver’s

21 hours ago

Grand Rising Brings Sober Day Party Vibes to Fresno

Craft Brewer Jack McAuliffe With Jim Koch of Samuel Adams
21 hours ago

Jack McAuliffe, Who Started a Craft Beer Revolution, Dies at 80

fresno
21 hours ago

Fresno Crash Leaves One Dead After Car Submerges in Canal

Help continue the work that gets you the news that matters most.

Search

Send this to a friend