Trump Wins Ruling in Rape Accuser Carroll’s Defamation Lawsuit
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Trump won the lawsuit for the same reason Nick Sandman and the Covington kids could not sue Sen Warren and that Congresswoman.
Will liberals cheer the Westfall Act now or will they be hypocrites? I'm sure we all know the answer.
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@raphjd Trump hasn't won the lawsuit yet. Two questions were presented to the appeals court: (1) Was Trump a federal employee at the time he made the alleged defamatory statements; and (2) Did he make the alleged defamatory statements within the scope of his employment (i.e., was he speaking as the President or as Donald Trump).
The 2d Circuit Court of Appeals only answered the first question, finding that the president is a federal employee (this was no surprise as it had already been established). But it didn't render a decision on the second question. It certified that question to the District of Columbia Court of Appeals for determination if Trump was speaking as President or as Donald Trump.
If he was speaking as President, then it's likely that the court will grant the DOJ's request to substitute the Federal Government as party instead of Trump. The defamation will likely then be dismissed pursuant to a Rule 12(b)(6) motion for failure to state a claim upon which relief can be granted.
However, it's my understanding that E Jean Carroll is still going to bring her civil rape case against Trump. This was just a defamation case alleging that him calling her a liar defamed her. No court yet has tried the issue of whether he did or did not rape her in the mid-90's.
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Sen Warren and that Congresswoman kept lying even after the full video came out. They went on MSM and continued to spew the lie, even after it was proven to be BS.
Rape cases, as far as I know, have a time limit. That leads to why no criminal charges. My guess is because she knows there is no evidence and she is going to use TDS to win in civil court.
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@raphjd said in Trump Wins Ruling in Rape Accuser Carroll’s Defamation Lawsuit:
Rape cases, as far as I know, have a time limit.
I believe the State of New York no longer has a statute of limitations for first-degree rape (though I didn't go onto LexisNexis to confirm). And she will be able to bring the civil rape case because New York adopted an extension of the civil statute of limitations for rape as well.
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Sorry, I meant to say, that rape cases DON'T have time limits for criminal cases, as far as I know.
I would think that civil cases DO have time limits.
