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The Corruption is Complete: Department of Justice Will Defend Donald Trump in Defamation Case Against Rape Accuser E. Jean Carroll

The United States Department of Justice, with Attorney General William Barr at the helm, announced late Tuesdsay that it will defend President Donald Trump against defamation allegations that a federal judge permitted to proceed last month in an unprecedented move that has astounded political and legal experts.

Photo of E. Jean Carroll by Boam Galai/Getty Images; photo of Pres. Donald Trump by Chip Somodevilla/Getty Images

In an Intelligencer interview in June of 2019, Writer E. Jean Carroll publicly accused Trump of raping her

Carroll said that she vividly recalls Trump “forcing his fingers around my private area, thrusts his penis halfway — or completely, I’m not certain — inside me” in 1999 while the two were shopping inside Bergdorf Goodman, a high-end New York clothier. Carroll was working for Elle Magazine as an advice columnnist at the time.

Trump “just went at it,” she later told Anderson Cooper on CNN. Trump “pulled down my tights, and it was a fight.”

“I love that I’m not his type,” Carroll said. “He denies, he turns it around, he threatens and he attacks.”

Carroll sued Trump for defamation last November after he accused her of lying, even though there is video surveillance of the attack along with DNA evidence Carroll says she has kept since the assault.

DOJ maintains that the of takeover of Trump’s defense falls “within the scope” of its legal purview because he denied her allegations during his time in office.

“I’ll say it with great respect: No. 1, she’s not my type. No. 2, it never happened. It never happened, OK?,” Trump told The Hill after the accusations surfaced.

Then, on June 22, 2019, Trump told reporters:

 Standing with coat on in a line — give me a break — with my back to the camera.  I have no idea who she is.  What she did is — it’s terrible, what’s going on.  So it’s a total false accusation and I don’t know anything about her.  And she’s made this charge against others.

And, you know, people have to be careful because they’re playing with very dangerous territory.  And when they do that — and it’s happening more and more.  When you look at what happened to Justice Kavanaugh and you look at what’s happening to others, you can’t do that for the sake of publicity.

New York Magazine is a failing magazine.  It’s ready to go out of business, from what I hear.  They’ll do anything they can.  But this was about many men, and I was one of the many men that she wrote about.  It’s a totally false accusation.  I have absolutely no idea who she is.  There’s some picture where we’re shaking hands.  It looks like at some kind of event.  I have my coat on.  I have my wife standing next to me.  And I didn’t know her husband, but he was a newscaster.  But I have no idea who she is — none whatsoever.

It’s a false accusation and it’s a disgrace that a magazine like New York — which is one of the reasons it’s failing.  People don’t read it anymore, so they’re trying to get readership by using me.  It’s not good.

You know, there were cases that the mainstream media didn’t pick up.  And I don’t know if you’ve seen them.  And they were put on Fox.  But there were numerous cases where women were paid money to say bad things about me.  You can’t do that.  You can’t do that.  And those women did wrong things — that women were actually paid money to say bad things about me.

But here’s a case, it’s an absolute disgrace that she’s allowed to do that.

Thus, after a months-long courtroom volley between Trump and Carroll’s legal teams, New York Supreme Court Justice Verna L. Saunders ruled on August 21 that the case can move forward. The Washington Post reported on the ruling that same day:

Thursday’s ruling means that in the coming weeks and months, Carroll’s legal team can press forward with seeking Trump’s DNA, which they hope to compare to genetic material on the dress she said she wore during the incident, and with trying to interview Trump under oath. Trump can also seek depositions from Carroll and those she says she told about the incident. Saunders scheduled a telephone conference in the case for September 30.

Carroll’s attorney, Robert Kaplan, lauded the court’s decision.

“Trump was soon going to be required to produce documents, provide a DNA sample, and sit for a deposition,” Kaplan said.

“Realizing that there was no valid basis to appeal that decision in New York courts, on the very day that he would have been required to appeal, Trump instead enlisted the U.S. Department of Justice to replace his private lawyers,” Kaplan continued. “Trump’s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent, and shows even more starkly how far he is willing to go to prevent the truth from coming out.”

On Tuesday night, Kaplan slammed the DOJ’s argument as “shocking” in a statement following the accouncement, which Kaplan said “offends me as a lawyer, and offends me even more as a citizen.”

Carroll is armed and ready to take on Trump and Barr, now officially his Senate-appointed fixer.

“TRUMP HURLS BILL BARR AT ME. Just when @realDonaldTrump is required to produce documents and DNA in discovery, he sics the DOJ on us. THIS IS UNPRECEDENTED!! My attorney, @kaplanrobbie, and I are happy to TAKE THEM ALL ON! @realDonaldTrump,” Carroll tweeted.

“Today’s actions demonstrate that Trump will do everything possible, including using the full powers of the federal government, to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying,” Carroll told Bloomberg News Tuesday night.

Lawmakers and legal experts are aghast at the extent of the corruption and synergy that has metasticized between Trump and Barr, which amounts to an unprecedented and potentially unconstitutional amalagamation of separation of powers.

“Outrageous and outright unacceptable,” Representative Pramila Jayapal (D-IL) tweeted. “The Justice Department should serve the people, not a president. Yet Bill Barr continues to act not as the Attorney General for the American people but as the personal henchman for Donald Trump.”

Heidi Li Feldman, Professor of Law at Georgetown University Law Center, outlined how the double-yellow line that normally divides the White House and DOJ no longer exists, and that Trump and Barr have shattered the independence that is supposed to exist between the president and the attorney general.

“Donald Trump has collapsed the distinction between himself and his office. Started with accepting emoluments. Today’s developement: using the DOJ to defend himself against a tort he committed that has nothing to do with being president,” Feldman wrote in a series of tweets.

“Nothing in the official capacity of the presidency required Donald Trump to slur E. Jean Carroll. He may have thereby defamed her. It is his personal responsibility to defend the suit, not the work of the U.S. government,” Feldman wrote. “By converting the DoJ to a private law firm serving his unofficial legal interests, Trump again shows that he has no understanding of the office of the president in our constitutional democracy.”

“The U.S. President is a fiduciary, whose job is to run the executive branch for the benefit of the American people. She or he cannot legitimately use powers or resources of the office for purely personal advantage,” she continued. “There are particular constitutional provisions meant to ensure the U.S. president does not treat the country like her or his fiefdom. Think: Emoluments Clauses.”

“But even where the Constitution does not specify particular safeguards against a U.S. president converting his or her office to a vehicle for self-aggrandizement, the entire design it puts forth was meant to prevent that,” she said. “By putting the DOJ to work defending him over conduct that has nothing to do with his official capacity, Trump has taken another giant step toward full-blown authoritianism. And not one Republican Congress member has sounded a single not of concern, let alone condemnation.”

Feldman argues that there is only one solution: a total purge of the wholly complicit Republican Party in November’s election.

“Resounding proof that the Republican Party fully endorses Trump’s conflation of governmental power with his own personal interests and goals. We have to vote as many Republicans out of office as possible this November,” she concluded. “The Republican Party is no longer a legitimate participant in American constitutional democracy. No organization that support and endorses for president an out-and-out authoritarian can count as a legitimate political party in U.S. constitutional framework.”

CNN legal analyst Eli Honig, a former federal prosecutor, also decried the DOJ’s move, noting that taxpayers are now footing the bill for Trump’s defense.

“So now Barr has decided (1) that Trump somehow was acting *in his official capacity as president* when he called E. Jean Carroll a liar for accusing him of sexual assault, and (2) taxpayers should foot the bill for Trump’s defense. Another utter debasement of DOJ by Barr.”

The hashtag #trumpisarapist is now one of the hottest trends on Twitter. Carroll is the 25th woman to accuse Trump of sexual misconduct.

The case, Carroll v. United States, 20-cv-07311, U.S. District Court, is being held in the Southern District of New York (Manhattan).



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