President Trump is interesting to the next court docket after his failed bid to have the Justice Division rep him in a defamation case, new court docket papers present.
The DOJ made the weird request in September to take over Trump’s protection in rape accuser E. Jean Carroll’s lawsuit — even in search of to switch Trump because the defendant — arguing that the president was performing “within the scope of his office” when he publicly denied Carroll’s sexual assault allegation.
However final month, Manhattan federal Decide Lewis Kaplan rejected the request, discovering that the president couldn’t be thought-about an “employee of the Government” beneath the related authorized that means and additional wasn’t making the feedback as a part of his job.
Each Trump and the DOJ are asking the Second Circuit Court docket of Appeals to overturn Decide Kaplan’s determination, in keeping with data filed Thursday in Carroll’s case.
The Elle Journal “Ask E. Jean” author sued Trump in November 2019 claiming that he defamed her when he claimed he’d by no means met her and publicly denied her accusations that he raped her in a Bergdorf Goodman altering room within the 1990s.
Carroll’s lawyer Robbie Kaplan mentioned they aren’t shocked by the enchantment.
“From the very begin of this case, Donald Trump’s primary aim has been to keep away from discovery and trigger delay,” Robbie Kaplan mentioned.
“We are confident that the Second Circuit will affirm the District Court’s comprehensive and well-reasoned opinion,” the lawyer continued.