Appeals court denies Trump bid to make federal government defendant in E. Jean Carroll case – Washington Examiner
A federal appeals court rejected former President Donald Trump’s request to substitute the United States government as the defendant in writer E. Jean Carroll’s defamation lawsuit. The court ruled the motion was filed too late, noting that Trump waived his right to seek substitution after the Justice Department withdrew its prior support under the Westfall Act, which protects government officials from personal liability for actions within their official roles. Carroll had accused Trump of raping her in the 1990s, and Trump denied the allegations, claiming his statements were made in his official capacity. The court emphasized that allowing substitution at this stage would disrupt years of litigation and potentially overturn Carroll’s $83 million jury award. As a result, trump remains personally liable for the damages, preventing a taxpayer-funded appeal.
Appeals court denies Trump bid to make federal government defendant in E. Jean Carroll case
A federal appeals court on Friday rejected President Donald Trump’s attempt to make the United States government the defendant in writer E. Jean Carroll’s successful defamation lawsuit against him, explaining the request came “simply too late.”
In a 23-page opinion, the 2nd U.S. Circuit Court of Appeals explained why it had swiftly denied Trump’s June motion to substitute the United States as the defendant under the Westfall Act, a federal law that shields officials from personal liability when sued over actions taken within the scope of their government roles.
Trump argued that his statements about Carroll, who accused him of raping her in the mid-1990s inside a New York Bergdorf Goodman store, were made in his official capacity as president. Carroll publicly accused Trump during his first term and subsequently denied her claims, saying she was not his “type” and that it “never happened.”
The Justice Department backed that position under then-Attorney General Bill Barr in 2020 but later reversed course under Attorney General Merrick Garland in 2023, rescinding its Westfall Act certification.
The appeals panel, consisting of three Democratic-appointed judges, found Trump waived his right to seek substitution after the DOJ withdrew its support. The opinion said Trump could have petitioned the district court before trial, but never did.
“By declining to seek such relief, Trump waived his right to now bring this motion,” the panel wrote.
The court also emphasized that allowing substitution now would unravel years of litigation and potentially erase Carroll’s $83 million jury win.
“After several years of litigation, at substantial cost to all parties, and a significant victory for Carroll, it is simply too late,” the judges concluded.
The decision means Trump remains personally liable for the multimillion-dollar judgment and closes the door on a taxpayer-funded appeal.
Carroll won the merits of her case at the summary judgment stage in 2023, where a judge found Trump liable for defaming her in 2019. A jury trial was then held in January last year to determine damages, with a verdict that he should be liable for sexual assault, not rape.
Trump has since taken defamation claims to court in light of the jury’s verdict. In December, ABC News agreed to settle a defamation lawsuit over on-air inaccurate reporting about the Carroll case after George Stephanopoulos incorrectly stated that the jury found him liable for raping Carroll.
The Washington Examiner contacted the DOJ about whether it plans to appeal the 2nd Circuit Court’s decision to the Supreme Court.
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