An alleged sexual assault that became a defamation lawsuit may be thrown out of court after a Tuesday legal ruling.
"A District of Columbia court will have to determine whether Donald J. Trump was acting in his official capacity as president when he scoffed at the accusations of a woman who said he raped her decades ago, a federal appeals court in New York ruled on Tuesday," The New York Times reported. "The future of the case, involving the writer E. Jean Carroll, depends on the decision. If the D.C. court rules that Mr. Trump was acting in his role as a federal employee — and the United States becomes the defendant, instead of Mr. Trump — Ms. Carroll’s suit cannot proceed, because the federal government cannot be sued for defamation."
The Second Circuit ruled 2-1 in the case.
"The ruling is a setback for Ms. Carroll, but she has said she will file a separate suit in November, taking advantage of a new state law giving adult sexual assault victims a one-time opportunity to file civil lawsuits, even if the statute of limitations has long expired," the newspaper reported. "Ms. Carroll’s lawyer, Roberta A. Kaplan, said in a statement on Tuesday that her client would file her lawsuit under New York’s Adult Survivor Act, on Nov. 24, 'the first date she is able to do so under the new statute.'”
In 2019, Carroll alleged Trump sexually assaulted her in a Manhattan department store dressing room.
The Department of Justice has argued that Trump's denial of the assault was an official government act.