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Biden Justice Division Seeks to Defend Trump in Swimsuit Over Rape Denial

Federal regulation forbids authorities workers from being sued for defamation, which means that if the transfer was profitable, Ms. Carroll’s declare can be dismissed.

Mr. Barr’s transfer raised the query of whether or not Mr. Trump had actually made his feedback about Ms. Carroll as a authorities worker — a place that Ms. Carroll’s legal professionals roundly rejected. “There’s not a single individual in the US — not the president and never anybody else — whose job description contains slandering girls they sexually assaulted,” the legal professionals mentioned in a submitting final 12 months.

In October, the primary federal choose to think about the case, Lewis A. Kaplan of Federal District Courtroom in Manhattan, agreed with Ms. Carroll, blocking Mr. Barr’s transfer and deciding that the go well with may proceed in opposition to Mr. Trump in his non-public capability. Mr. Trump’s feedback involved occasions that had occurred “a number of a long time earlier than he took workplace,” Choose Kaplan dominated, and had “no relationship to the official enterprise of the US.”

Earlier than Mr. Trump left workplace, the Justice Division appealed Choose Kaplan’s ruling, and lots of authorized observers predicted {that a} new lawyer common, underneath Mr. Biden, would drop the Trump-era claims.

The temporary filed on Monday night time was the primary time the Biden administration’s Justice Division, now led by Legal professional Basic Merrick B. Garland, weighed in on the problem. Within the temporary, division legal professionals mentioned that when Mr. Trump had denied raping Ms. Carroll, via the White Home press workplace or in statements to reporters within the Oval Workplace and on the White Home garden, he was performing throughout the scope of his workplace.

“Elected public officers can — and infrequently should — tackle allegations concerning private wrongdoing that encourage doubt about their suitability for workplace,” the division legal professionals argued, including, “Officers don’t step outdoors the bounds of their workplace just because they’re addressing questions concerning allegations about their private lives.”

Ms. Carroll’s lead lawyer, Roberta A. Kaplan, reacting to the brand new submitting, mentioned that as “horrific” because the alleged rape was, it was “really stunning that the present Division of Justice would enable Donald Trump to get away with mendacity about it.”

Ms. Carroll, in her personal assertion, mentioned she was indignant and offended.

“As girls throughout the nation are standing up and holding males accountable for assault,” she mentioned, “the D.O.J. is making an attempt to cease me from having that very same proper.”

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