From the Washington Examiner: A federal appeals court on Friday rejected President Donald Trump’s attempt to make the United States government the defendant in writer E. Jean Carroll’s successful defamation lawsuit against him, explaining the request came “simply too late.”
In a 23-page opinion, the 2nd U.S. Circuit Court of Appeals explained why it had swiftly denied Trump’s June motion to substitute the United States as the defendant under the Westfall Act, a federal law that shields officials from personal liability when sued over actions taken within the scope of their government roles.
Trump argued that his statements about Carroll, who accused him of raping her in the mid-1990s inside a New York Bergdorf Goodman store, were made in his official capacity as president. Carroll publicly accused Trump during his first term and subsequently denied her claims, saying she was not his “type” and that it “never happened.”
The Justice Department backed that position under then-Attorney General Bill Barr in 2020 but later reversed course under Attorney General Merrick Garland in 2023, rescinding its Westfall Act certification.
The three Democratic-appointed judges on the appeals panel said Trump could have petitioned the district court before trial, but since he didn’t, he waived his right to appeal.
“After several years of litigation, at substantial cost to all parties, and a significant victory for Carroll, it is simply too late,” the judges wrote in their ruling, which leaves Trump personally liable for the massive judgement awarded to Carroll.
It is unclear whether Trump will take the case to the Supreme Court.
Carroll is gloating over her victory. She wrote on X, “He LOST. YOU win. (You knew he wanted YOU to pay his lawyers and his legal bills, right?).”
He LOST.
YOU win.
(You knew he wanted YOU to pay his lawyers and his legal bills, right?) pic.twitter.com/Zu7VVh4l3L
— E. Jean Carroll (@ejeancarroll) August 9, 2025
Conservatives are blasting Carroll on social media:
You can’t remember the day it happened, the month it happened or the year.
But it was definitely Donald.
In a packed department store.
Put simply, it didn’t happen.
— Ryan Dally (@Ryandally08) August 9, 2025
30 years after the fact, you know it was a paid for performance.
— Bret Seufert (@bret8202) August 9, 2025
Nobody believes you. Even those that say they do really only hate Donald Trump and know you’re lying. Sleep badly liar.
— Larkins 先生 (@rayarchwood) August 9, 2025
READ MORE from the Washington Examiner.
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