Overview

• The Justice Department filed a joint motion with Trump’s legal team to intervene in his Second Circuit appeal of the 2024 defamation verdict against him.
• The DOJ certified that Trump’s 2019 statements denying E. Jean Carroll’s sexual assault allegations fell within his official duties as president under the Westfall Act.
• If the court approves the motion, the United States would replace Trump as the defendant-appellant, potentially shielding him from personal liability.
• The Westfall Act provides federal employees immunity for actions within the scope of their official roles, but its application to a president’s public statements remains legally untested.
• This marks a reversal from the DOJ’s 2023 position under President Biden, which withdrew support for Trump’s immunity claim in the case.