• A federal appeals court rejected Donald Trump’s attempt to use the Westfall Act to shift legal responsibility to the DOJ in E. Jean Carroll’s defamation case, leaving Trump to defend himself. The ruling underscores the limits of presidential immunity and raises broader questions about accountability and the balance of power.

NEW YORK, NY — A federal appeals court on Wednesday rejected President Trump’s latest effort to shift legal responsibility to the U.S. Department of Justice (DOJ) in the ongoing defamation case brought by E. Jean Carroll. The court’s decision denies Trump’s attempt to use the Westfall Act, which protects federal employees from personal liability for acts within the scope of their official duties, to shield himself in this high-profile legal battle. The ruling marks a significant moment in the years-long dispute surrounding Carroll’s allegations of sexual assault and defamation.

The three-judge panel from the 2nd U.S. Circuit Court of Appeals issued a one-page order denying Trump’s motion to substitute the United States as a defendant. Oral arguments on the appeal are still scheduled for June 24, 2025, and the court stated it would issue a detailed opinion explaining its reasoning at a later date.

“This decision underscores that no one is above the law, not even a former president,” Carroll’s attorney Roberta Kaplan said in a statement. “We are grateful that the court has acted decisively on this issue and look forward to continuing to advocate for justice on behalf of our client.”

What Is the Westfall Act and Why It Matters

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The Westfall Act, passed in 1988, allows federal employees to avoid personal liability for certain actions taken within the scope of their employment by substituting the federal government as the defendant. Trump has repeatedly argued that his comments dismissing Carroll’s allegations as a “hoax” were made in his official capacity as President of the United States. However, courts have consistently questioned whether such statements qualify as presidential duties, particularly when tied to allegations of personal misconduct.

Carroll, a writer and former advice columnist, accused Trump of sexually assaulting her in a New York department store dressing room in the 1990s. In 2019, she filed a defamation lawsuit after Trump denied the allegations and claimed he had never met her, calling her accusations politically motivated lies. A jury in 2023 found Trump liable for sexual abuse and defamation, awarding Carroll $5 million in damages. A separate jury in 2024 later ordered Trump to pay an additional $83 million in damages for further defamatory statements.

The DOJ’s Position and Political Shifts

Initially, the DOJ under former Attorney General William Barr supported Trump’s claim for Westfall Act immunity, asserting that his comments were made as part of his official duties as president. However, the Biden administration reversed this position in 2023, leaving Trump to defend himself in court without government backing. The reversal marked a stark departure from previous DOJ arguments, with critics accusing the Trump administration of overreaching its interpretation of presidential immunity.

Legal experts say the case highlights the broader implications of how the Westfall Act is applied. “The question here is whether a sitting president can use the power of their office as a shield to deflect personal accountability,” said Lisa Graves, a constitutional law scholar. “It’s a pivotal issue, especially when it comes to balancing executive privilege with individual responsibility.”

Trump’s Legal Team Faces Scrutiny

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Trump’s legal arguments have also come under fire for alleged delays and shifting strategies. Carroll’s lawyers accused Trump of forfeiting his right to invoke the Westfall Act by failing to file the motion before trial. The court documents state that his legal team, led by attorney Alina Habba, chose to pursue other arguments, including claims of presidential immunity, which were rejected in 2023.

In a subsequent filing, Carroll’s legal team urged the court to resolve the substitution motion before the upcoming oral arguments, arguing that Trump’s belated claim could not erase earlier inaction. On Wednesday, the appeals court agreed, effectively removing the U.S. government—and by extension, taxpayers—from any financial or legal responsibility in the case.

Broader Impacts and Public Reactions

The case has drawn national attention not only for its salacious details but also for its implications on governance, accountability, and the limits of presidential power. Polls show public opinion remains sharply divided along partisan lines, with Democrats largely backing Carroll and many Republicans viewing the lawsuits as politically motivated.

“This lawsuit isn’t just about what happened in a department store decades ago,” said Andrea Jenkins, a political science professor at Columbia University. “It’s about defining the scope of power and responsibility for public officials. Cases like this can set important precedents for the future.”

While Trump continues to appeal the various rulings, Carroll has stated that she hopes her case empowers other survivors of sexual misconduct to speak out. “This is about accountability,” Carroll said in an interview earlier this year. “No one, no matter how powerful, should be able to silence victims through lies and intimidation.”

What Comes Next?

With the DOJ no longer defending Trump and the courts rejecting his motion to invoke Westfall Act immunity, the former president faces a challenging road ahead. The June 24, 2025, oral arguments will be pivotal in determining the final resolution of the $83 million defamation judgment. For now, the case serves as a reminder of the intricate legal and ethical questions surrounding presidential conduct, even after leaving office.

As the legal battles continue, the public is left to grapple with what these cases mean for the future of accountability and justice. The outcomes could influence not only Trump’s legacy but also the broader national conversation about leadership and integrity in public office.

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