NEW YORK — A federal appeals court in New York on Friday returned E. Jean Carroll's initial case against former President Donald Trump to a district court judge who had previously decided Trump did not act within the scope of his employment as president when he denied Carroll's rape claim and allegedly defamed her.
columnist who alleges that Trump attacked her in the dressing room of the Bergdorf Goodman luxury department store in the 1990s, claims Trump defamed her in 2019 when, during his presidency, he denied her rape claim by calling her a liar and saying"she's not my type."
Friday's decision by the 2nd U.S. Circuit Court of Appeals remands the case to the district court for further consideration. If Trump is determined to have been acting as a government employee, the U.S. government would substitute as the defendant in Carroll's defamation lawsuit -- which means the case would go away, since the government cannot be sued for defamation.
The case, which has been caught in a procedural back-and-forth since then-Attorney General William Barr sought to substitute the government for Trump as the defendant in 2000, is one of two lawsuits Carrol has brought against Trump in connection with his alleged defamatory remarks.
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