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    Trump Wins Ruling in Rape Accuser’s Defamation Lawsuit

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    The preparations to “scalp” Donald J. Trump have been derailed by radical Marxist E. Jean Carroll, who gained national notoriety as a hysterical Never Trumper seeking justice through law enforcement over highly odd accusations of being raped in a public dressing room at a prominent department shop in New York City.

    In a defamation case, a federal appeals court in Manhattan granted Trump a procedural victory on Tuesday after renowned columnist E. According to Jean Carroll, Trump sexually assaulted her in the 1990s.

    When Carroll originally revealed her troubling incident while she was promoting a book, Trump denied having raped her. Carroll later added that his denial was “defamatory” in response to her fury.

    Carroll has built a successful career out of reporting about her attempts to sue Trump and punish him. She will undoubtedly be able to recover from this embarrassing setback and continue to receive some hits from her devoted fans on her monetized stories.

    Rita Li wrote in The Epoch Times, “Trump Wins Ruling in Rape Accuser Carroll’s Defamation Lawsuit,” and added:

    “In a two-to-one decision on Sept. 27, the panel on the 2nd Circuit Court of Appeals ruled that a lower court erred when it ruled that Carroll could sue Trump for defamatory statements during his presidency, given that a federal law, known as the Westfall Act, shields government employees from liability in work-related incidents.

    Carroll, 78, sued Trump in 2019, claiming the Republican sexually assaulted her in the mid-1990s in a dressing room at a Bergdorf Goodman department store in Manhattan. Because the alleged attack happened decades ago, Carroll was originally barred from suing over the sexual battery, pushing her to sue for defamation over allegedly disparaging comments Trump made about the rape allegation.”

    At the time, Trump refuted her assertion and accused her of using fabrications to advance her book. “I’ll say it with great respect: Number one, she’s not my type. Number two, it never happened,” Trump stated in a June 2019 interview with The Hill at the White House.

    Whether Trump was acting in accordance with his presidential responsibilities when he denied raping Carroll and dismissed her during the interview will now be decided by the D.C. Court of Appeals. If Trump was, the 2nd Circuit judges’ decision would grant him to protection from the lawsuit. Carroll’s claim would be unsuccessful since the U.S. government is protected from defamation lawsuits even if it can be sued for some misconduct committed by its employees.

    Two of the three judges on the 2nd Circuit’s panel declined to take up the defamation case despite the fact that it was “of extreme public importance,” according to the majority judgment authored by Circuit Judge Guido Calabresi on Tuesday.

    The judges stated, “We do not pass judgment or express any view as to whether Trump’s public statements were indeed defamatory or whether the sexual assault allegations had, in fact, occurred.”

    The ruling, according to Trump’s attorney Alina Habba,  “will protect the ability of all future presidents to effectively govern without hindrance.”

    “We are confident that the D.C. Court of Appeals will find that our client was acting within the scope of his employment when properly repudiating Ms. Carroll’s allegations,” she said in a statement.

    Both the current and former attorneys general, Merrick Garland, and William Barr, justified the Department of Justice’s choice to support Donald Trump as a defendant in the ongoing defamation action.

    Dissent

    “In an opinion written by Judge Denny Chin, the third judge who dissented, he said that the law protecting federal employees from liability does not apply to Trump. He said it was only to protect low-level, rank-and-file government employees rather than the president,” Li reported, adding:

    And he said that at least some of the former president’s remarks had nothing to do with his official responsibilities.

    According to the judge, who was chosen by former President Barack Obama, “Trump was not acting in the scope of his employment when he made comments about Carroll and her accusations because he was not serving any purpose of the federal government.”

    More on this story via The Republic Brief:

    “In the context of an accusation of rape, the comment ‘she’s not my type’ surely is not something one would expect the President of the United States to say in the course of his duties. Carroll’s allegations plausibly paint a picture of a man pursuing a personal vendetta against an accuser, not the United States’ ‘chief constitutional officer’ engaging in ‘supervisory and policy responsibilities of utmost discretion and sensitivity,’” Chin added. CONTINUE READING…

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