Justice Department spokeswoman Kerri Kupec quoted Tuesday night a federal law in response to criticism the department faced after attempting to intervene in a defamation case against President Trump brought by a columnist who accused him of raping her in the judiciary 1990s.
Kupec, who appeared with Shannon Bream on Fox News @ Night, said the Westfall Act allows the United States to be replaced as a defendant if a federal government official is “sued for actions taken in the course of their duties Employment. “
She said the president is considered an acting federal employee and that Trump responded to press allegations in the White House.
The DOJ argued in new court records that Trump was serving in his role as president when he denied E. Jean Carroll̵
“When answering questions from the press, some questions are left out. In other words, he was doing his job. We in the Ministry of Justice are therefore obliged to defend a federal official who is doing his job. And that’s exactly what we’re doing here, ”she said.
COUNCIL COLUMNIST E. JEAN CARROLL sues Trump for defamation
Justice Department attorneys filed court files Tuesday to move the case to federal court and replace Trump with the US as the defendant. The move came after a New York State court denied Trump’s motion to delay the lawsuit.
Carroll’s attorney Roberta Kaplan described the department’s argument as “shocking.”
“It offends me as a lawyer and even more so as a citizen,” she said in a statement.
“Trump’s efforts to use the power of the US government to evade responsibility for his private wrongdoing are unprecedented and show even more clearly how far he is willing to prevent the truth from coming out,” she said .
The Associated Press reported that the move means the federal government, instead of Trump himself, may have to pay damages if one is awarded.
Trump has denied the rape allegations made by Carroll, who is personally suing him for defamation.
Get the FOX NEWS APP
It is up to a federal judge to decide whether the case should go to federal court and whether the US should be accused. A conference call for the case is scheduled for September 30th.
The Associated Press contributed to this report