{"id":17745,"date":"2020-10-27T18:53:56","date_gmt":"2020-10-27T22:53:56","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=17745"},"modified":"2020-10-27T18:53:56","modified_gmt":"2020-10-27T22:53:56","slug":"donald-trump-setback-in-rape-defamation-case","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2020\/10\/27\/donald-trump-setback-in-rape-defamation-case\/","title":{"rendered":"Donald Trump setback in rape defamation case"},"content":{"rendered":"
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A US federal judge has dismissed an effort by the Department of Justice (DoJ) to defend President Donald Trump in a case brought by a woman who accuses him of raping her.<\/b><\/p>\n<\/div>\n<\/div>\n

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Columnist E Jean Carroll accuses Mr Trump of assaulting her in a Manhattan department store in the 1990s.<\/p>\n<\/div>\n<\/div>\n

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In a lawsuit, she argues the president defamed her when he denied her claim and said she was “totally lying”.<\/p>\n<\/div>\n<\/div>\n

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The DoJ had sought to put itself in the dock as defendant, instead of Mr Trump.<\/p>\n<\/div>\n<\/div>\n

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Citing a law designed to protect federal employees from being sued over actions stemming from the performance of their duties, the department argued that he was serving in his capacity as president when he denied Ms Carroll’s allegation.<\/p>\n<\/div>\n<\/div>\n

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What did the judge say?<\/h2>\n<\/div>\n
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But Judge Lewis Kaplan of the Federal District Court in Manhattan argued that the US president was not an “employee” within the meaning of that law – the Tort Claims Act.<\/p>\n<\/div>\n<\/div>\n

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Mr Trump’s critics say that during his presidency he has compromised the DoJ, which is meant to operate independently of the White House.<\/p>\n<\/div>\n<\/div>\n

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The case was filed in New York state court in November 2019 and Mr Trump was represented by his personal lawyer Marc Kasowitz.<\/p>\n<\/div>\n<\/div>\n

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