In E. Jean Carroll Lawsuit, Trump Hopes to Win by Losing

Photo: Brendan Smialowski/AFP via Getty Images President Donald Trump has a knack for finding success despite his own spectacular failure. He won the presidency in 2016 though he lost the popular vote. He has gotten his way in the courts time and again by using litigation to delay producing subpoenaed documents and tax returns. And now, he appears to be using the Department of Justice to win by losing again, this time in a defamation case.

Under a statute known as the Westfall Act, the Justice Department routinely removes state tort cases to federal court when a government employee is named as a defendant for conduct that occurred in the scope of his employment. A typical case involves a mail carrier who is involved in an accident in his postal truck. If DOJ certifies that the employee was carrying out his duties at the time of the accident, and the court agrees, then the United States is substituted as the defendant.

In deciding the scope question, courts look not only at the act, but also its context. Here, Carroll’s complaint alleges three different defamatory statements — a June 21, 2019, written statement, verbal remarks on the lawn of the White House before boarding Marine One the next day, and a June 24, 2019, interview with The Hill. As long as any one of those statements was outside the scope of Trump’s employment, then the case may proceed against Trump himself.

BarbMcQuade the world already knows what he is: a deeply depraved, predatory menace to society.

BarbMcQuade

BarbMcQuade NY Magazine write about the horror Manhattan has become due to Mayor Zero DeBlasio!!

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