Trump Delays Resolution of Defamation Case Regarding Rape Charges

“Suing a federal government entity for damages in a personal injury claim is more challenging than suing a private citizen or corporation. Under the doctrine of sovereign immunity, you are not allowed to sue a government entity without its express permission. The Federal Tort Claims Act (FTCA) is a highly complex law that allows specific types of lawsuits against a federal government entity and federal employees who have acted within the scope of employment while causing injuries, but certain strict rules must be followed.” (https://www.justia.com/injury/federal-tort-claims-act-ftca/)

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By filing in Federal District Court under the FTCA, Trump does two things: (1) He yanks the case out of state court into Federal court, where it will delay the disposition of the case long enough so that he does not have to give a DNA sample or deposition before the election. The court will have to address the threshold question of whether Trump, in denying the rape claims while he was president, was “acting within the scope” of his duties. If he was not, the FTCA does not apply and the case gets sent back to state court.

(2) In the unlikely event that the FTCA does apply, then he gets free representation from the US and if any damages are assessed for misconduct, then we, the US Government, pay any damages due the plaintiff. Because the FTCA does not allow claims against the government for libel or slander, unless Caroll has stated other claims, her case would be dismissed. As we have seen in other matters involving Trump’s DOJ, much depends on which Federal District Judge gets the case. If it’s a Trump-McConnell appointee, the delaying tactic will probably work, at least through the election.

Even given the helter-skelter nature of this administration, it is hard to imagine that denying knowing an assault accuser, denying rape allegations, and calling a woman unattractive fall within the scope of the duties of the President of the United States.

Contrary viewpoints are welcome. I am finally convinced that this cesspool of an administration has no bottom.

https://www.nytimes.com/2020/09/08/nyregion/donald-trump-jean-carroll-lawsuit-rape.html?smid=fb-nytimes&smtyp=cur&fbclid=IwAR0A-lSL83y6ujHhahTsupARPqA1O-qqZFTEtJCxYMRiLos_hNyMtG4ndiM

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