Kirschner’s analysis sharply exposes the limits of executive immunity, proving that the Westfall Act cannot be weaponized to shield personal malice. It is a necessary reminder that the presidency is a public office, not a legal fortress for private misconduct.
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E. Jean Carroll Scores Major Court Victory Against Trump, DOJ & Pam BondiAdded:
Hey all, Glenn Kirschner here.
So friends, it was just last week that E. Jean Carroll beat Donald Trump in the appeals court in her $5 million assault and defamation case. And now, E. Jean Carroll just beat both Donald Trump and the Department of Justice in her $83 million assault and defamation case against Donald Trump.
Let's start with the new reporting.
This from The Hill.
Headline: Appeals court won't let Justice Department step in for Trump in E. Jean Carroll's $83 million verdict.
And that article begins, A federal appeals court panel on Wednesday refused the Justice Department's effort to put itself on the hook for an $83.3 million defamation award advice columnist E.
Jean Carroll won at trial from President Trump.
It's the latest setback for the president in his efforts to fight Carroll's lawsuits at the second US Circuit Court of Appeals.
Last week, the second circuit upheld her earlier $5 million jury award.
On Wednesday, the three-judge panel denied the Justice Department's request to replace Trump as the defendant in Carroll's defamation lawsuit under the Westfall Act, a 1988 law that protects federal employees from certain lawsuits concerning things they did in the course of their jobs.
Things they did in the course of their jobs that were within the scope of their official duties. So let me ask this question, friends.
Is defaming, lying about somebody you sexually assaulted within the scope of the official duties of a president of the United States?
My editorial addition.
The article continues, "The Justice Department contended Trump's denials of Carroll's sexual assault claims in a written statement and comments he made on the White House South Lawn in 2019, the basis of her suit, were made within the scope of Trump's employment as president."
Wednesday's ruling is the latest setback for the president at the Second Circuit, where he has appealed both jury awards Carroll won after coming forward during Trump's presidency with claims he sexually assaulted her in a Manhattan department store dressing room in the mid-1990s.
And of course, Trump continues to deny her story even though not one, but two juries found in favor of E. Jean Carroll.
In the first trial, a jury found Trump liable for sexually assaulting Carroll and defaming her by denying her claims.
Trump was ordered to pay $5 million.
The full Second Circuit bench rejected Trump's appeal on Friday. Wednesday's decision concerned the second trial, in which Carroll last year won an $83.3 million judgment from a separate jury over additional denials Trump made of the columnist's claims, which were also ruled defamatory.
And friends, I like the way ABC News summed it up.
"American taxpayers will not be paying for the ongoing appeal of President Donald Trump's $83 million defamation case, a federal appeals court determined on Wednesday."
So, that's another point of light, right?
We the taxpayers will not be paying for Donald Trump's defense, and we will not be footing the bill for the $83 million judgment the jury entered against Trump.
That kind of feels like a point of light that's worth, I don't know, $83 million to we the People?
And Donald Trump's Attorney General Consigliere, Pam Bondi, tried to save Trump.
She said, "No, no, no. DOJ will take it from here.
We'll be the responsible party. We want to get Donald Trump out of this hot water." And the Department of Justice lost.
Again, as it's been doing about 96% of the time.
You know, friends, you have to wonder if Donald Trump is beginning to second-guess the wisdom of naming Pam Bondi as his Attorney General because she is setting an all-time national record for the most losses by the Department of Justice.
Probably in our nation's history.
But I'm sure that Donald Trump would never, ever throw Pam Bondi under the bus.
Friends, let's finish up with E. Jean Carroll's courage.
If only the Republicans in Congress, even just a handful of them, had 1/100 of the bravery of E. Jean Carroll, then maybe, just maybe, some of them would cross the aisle to save democracy.
But alas, well, for now, let's recognize and applaud E. Jean Carroll's bravery.
And let's embrace and appreciate that by the court rejecting Pam Bondi's argument, We the People will not be forced to foot the bill for Donald Trump's defense or for his horrific conduct.
Because justice matters.
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