The Justice Department declared this week that Donald Trump wasn't acting as president when he was accused of sexually abusing and defaming E. Jean Carroll, saying that the Westfall Act – which would protect a president from prosecution - did not apply.
That ruling is not good news for Trump as he faces criminal cases, reported Slate Thursday.
When Carroll first sued Trump, the DOJ fought the case in court, claiming that the act meant the president couldn't be sued. Understandably, it led to further delays, putting Carroll's initial defamation lawsuit on hold for two years as the argument worked its way through the courts. Trump has also claimed the case should be dismissed because he's being persecuted as a white, male, Christian.
Carroll then sued a second time, claim Trump defamed her on his social media site after he left office. In that case, Trump was no longer serving as president, so the presidential protection matter was moot. That second trial ultimately found that Trump was liable and awarded Carroll $5 million.
Some legal experts have argued that the second trial effectively decided the first since it found that Trump was responsible for the sexual abuse of Carroll and, as such, calling her a liar was defamation. But the case is still moving forward with proceedings and $10 million sought in damages. The trial for that case will begin Jan. 15, 2024.
Writing for Slate, Dennis Aftergut, the former Chief Assistant City Attorney in San Francisco, explained, "Critically, in Carroll’s case, if the government were to be substituted for Trump under the Westfall Act — as [Attorney General Merrick] Garland originally requested — her action would be over because the federal government can’t be sued for torts like defamation."
And he said the decision that the Westfall Act does not apply could have significant repercussions on any trial involving attempts to overturn the 2020 election in Georgia, currently being considered by a Grand Jury convened by Fulton County District Attorny Fani Willis.
"Here’s where Garland’s new decision comes in," Aftergut explained. "If Trump is indicted in Georgia and he removes the case to federal court, a judicial decision about whether to return the case to state court in Atlanta will turn on a legal issue similar to the one the attorney general just resolved against Trump: Was Trump acting as president or as an individual seeking reelection when, in December 2020 and January 2021, he pressured Georgia officials to reverse Joe Biden’s 2020 victory in the state?"
"These were not protected presidential actions," argued Aftergut. "Although Carroll’s allegations and those that Trump acted unlawfully in Georgia are unrelated, Garland’s decision in her case that a president can be acting outside the scope of his official duties while in office strengthens" the Fulton case.
Carroll's lawyer warned that there is also a third case coming, after Trump trashed Carroll during the CNN Town Hall. Earlier this week, Trump attacked Carroll a fourth time.
