Government
Oct. 27, 2020
Court should deny motion to substitute DOJ in Trump case
The Department of Justice filed a motion to substitute the government for Trump as the defendant in Jean Carroll’s defamation case against the president. Does the Federal Tort Claims Act allow that?
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
President Donald Trump recently threw the following craven "pitch" to support his reelection: "So can I ask you to do me a favor, suburban women, will you please like me?" The pitch undoubtedly was "high, wide, and outside" as far as E. Jean Carroll was concerned. She has sued Trump for defamation under New York law.
The suit against Trump in his individual capacity is now pending in federal district court (1:20-cv-07311 S.D.N.Y.). T...
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