Previously, the department had agreed with Trump's attorneys that he was protected from the lawsuit by the Westfall Act, which provides federal employees absolute immunity from lawsuits brought over conduct occurring within the scope of their employment.
FILE - E. Jean Carroll walks out of federal court in Manhattan, May 9, 2023, in New York. The Justice Department on Tuesday, July 11, 2023, said that former President Donald Trump can be held personally liable for remarks he made about a Carroll, who accused him of rape, a reversal of its position that Trump was protected because he was president when he made the remarks.
The letter gives fresh fuel to Carroll's original defamation lawsuit, which had been delayed by appeals over whether Trump could be held liable for statements he made while president. “We are grateful that the Department of Justice has reconsidered its position," she said in a statement. “We have always believed that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will, and spite, and not as President of the United States.
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