The"Department of Justice is declining to certify under the Westfall Act, 28 U.S.C. § 2679, that defendant Donald J. Trump was acting within the scope of his office and employment as President of the United States when he made the statements that form the basis of the defamation claims," according to a letter attached to Carroll's initial defamation lawsuit from June 2019.
In April, the former magazine columnist convinced a New York jury that Trump owed her $5 million for her sexual abuse and defamation claims. "Trump’s 'tit for tat' counterclaim is nothing more than his latest effort to spin his loss at trial," her lawyer Roberta Kaplan wrote in a Tuesday filing. The countersuit is part of the first of Carroll's two lawsuits accusing Trump of defamation. Her more recent case, filed after Trump made similar comments after his presidency on his Truth Social platform, resulted in a $5 million verdict for denying that he raped her in a Manhattan department store dressing room in the mid-1990s, though the jury did not find Trump liable for the alleged rape.
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