The Justice Department said Tuesday that it would no longer argue that President Donald J. Trump’s derogatory statements about E. Jean Carroll in 2019 were made as part of his official duties as president — a reversal that gives new momentum to her case.
Ms. Carroll, 79, who already has won a trial accusing Mr. Trump of sexual abuse years ago and defamation after he left the White House, now is trying to push forward a separate lawsuit that has been mired in appeals.
If a judge ultimately finds that Mr. Trump’s comments were part of his official duties, that case could be dismissed because a president cannot be sued for defamation.
The Justice Department had taken the position, first during the Trump administration and later under President Biden, that Mr. Trump was acting in his official capacity when he called Ms. Carroll a liar and denied her accusation that he had raped her nearly 30 years ago in a Manhattan department store dressing room.
But the department said in a court filing Tuesday that new evidence had surfaced since Mr. Trump, 77, left office in January 2021 — including in the recent civil trial in which a Manhattan jury found Mr. Trump liable for sexually assaulting Ms. Carroll.
Persons:
Donald J, Jean Carroll, —, Carroll, Trump, Trump’s, Biden
Organizations:
Department, White House, Justice
Locations:
Manhattan