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(The Daily Beast)   Biden DOJ will keep defending Trump in rape defamation case   (thedailybeast.com) divider line
    More: Awkward, Federal government of the United States, President of the United States, Donald Trump, Justice Department, employee of the federal government, United States Congress, advice columnist E. Jean Carroll, Washington, D.C.  
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1492 clicks; posted to Politics » on 08 Jun 2021 at 9:05 AM (7 days ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2021-06-08 7:19:27 AM  
JFC, Trump appointees are like wood ticks.
 
2021-06-08 7:26:35 AM  
If becoming President grants immunity for any crimes past, present, or future, then it's about time we have to completely nuke the position and start over.
 
2021-06-08 7:27:02 AM  
*nuke as in get rid of.....not actually nuke it.

/I'm probably on a list now.
 
2021-06-08 7:35:14 AM  
As expected.
 
2021-06-08 7:58:38 AM  
Fark user imageView Full Size
 
2021-06-08 8:43:45 AM  
Fark user imageView Full Size
 
2021-06-08 8:50:19 AM  
reposted from another submission:

"The Justice Department argued in a brief filed Monday that it should be permitted to substitute itself for former President Donald Trump as defendant in a defamation lawsuit brought by a longtime magazine columnist, E. Jean Carroll, who accused him of rape, continuing the argument it had initiated under the previous administrationeven as the White House has changed hands.

Rather, the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.

"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job," they wrote. "Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials' employment -- including when the statements were prompted by press inquiries about the official's private life."

The White House said it hadn't been consulted by the Justice Department before the brief was filed."

So, the DOJ is continuing a legal argument they began under Trump, basing it on previous court rulings, and did not consult the White House before filing a brief.

(btw, wasn't the problem with the DOJ under Trump a lack of autonomy? Why is this now Biden's doing when we spent years insisting the DOJ isn't supposed to work *for* the POTUS?)
 
2021-06-08 9:07:50 AM  
WTF happened??

Last I read -- a couple of months ago, at least -- they had made exactly the opposite decision.
 
2021-06-08 9:09:52 AM  

Harlee: JFC, Trump appointees are like wood ticks.


This isn't about Trump appointees. This is about the DOJ really having one mission: expansion of executive power. They want the Executive branch to have as much legal latitude as possible, no matter what. So, an office holder being found liable for defamation while still in term presents a potential restriction on executive authority and capabilities.  This cannot be allowed, in their opinion.

Which is pretty much what the State Department does on an international scale.

It's horrifying, disgusting, and vile to make E. Jean Carrol bear the burden of this tiny sliver of power loss.
 
2021-06-08 9:10:08 AM  
If Presidents get immunity, doesn't that incentivize criminals running for the Oval?
 
2021-06-08 9:10:41 AM  

RasIanI: WTF happened??

Last I read -- a couple of months ago, at least -- they had made exactly the opposite decision.


Whatever happened it's the Democrat's fault and thus we should blame Biden for anything the DOJ does. Which will be nothing because Democrats.
 
2021-06-08 9:11:31 AM  
**sigh**

Fark user imageView Full Size
 
2021-06-08 9:12:49 AM  
Okay.  But Lionel Hutz will be his free DoJ attorney

Bad Law thingie, your honor.

Imagine him and Rudi working together.
 
2021-06-08 9:13:06 AM  
I'm starting to believe the justice dept. Doesnt want to officially prove it was overtaken and run from the presidents office last administration so they can continue to pretend they're A-political and beyond influence. So they're continuing bits of what the trump doj was doing to pretend that those actions were A-political and the office wasnt compromised. Which is horseshiat. We all saw what happened.
 
2021-06-08 9:13:50 AM  
He was a federal employee at the time the case was filed, but not when the crime occurred. Why can't they kick this case to any random public firm?
 
2021-06-08 9:13:56 AM  

LL316: If Presidents get immunity, doesn't that incentivize criminals running for the Oval?


Which is exactly why I didn't want the Terrible Treason Toddler to be allowed to finish a term.
 
2021-06-08 9:14:48 AM  
Does this look like a guilty man
Fark user imageView Full Size
Of course  it does. What an asshole
 
2021-06-08 9:15:35 AM  

parasol: reposted from another submission:

"The Justice Department argued in a brief filed Monday that it should be permitted to substitute itself for former President Donald Trump as defendant in a defamation lawsuit brought by a longtime magazine columnist, E. Jean Carroll, who accused him of rape, continuing the argument it had initiated under the previous administrationeven as the White House has changed hands.

Rather, the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.

"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job," they wrote. "Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials' employment -- including when the statements were prompted by press inquiries about the official's private life."

The White House said it hadn't been consulted by the Justice Department before the brief was filed."

So, the DOJ is continuing a legal argument they began under Trump, basing it on previous court rulings, and did not consult the White House before filing a brief.

(btw, wasn't the problem with the DOJ under Trump a lack of autonomy? Why is this now Biden's doing when we spent years insisting the DOJ isn't supposed to work *for* the POTUS?)


"So, the DOJ is continuing a legal argument they began under Trump, basing it on previous court rulings, and did not consult the White House before filing a brief."


The key part is that there is old precedent DOJ is defending that says that speaking with the press is part of POTUS' job, so what he says then is covered by his job.

The trial court in this case said speaking to the press is not part of his job so this defamation was not covered.

That's the issue DOJ is fighting over, an overly-narrow reading of the existing precedent.

I suspect the DOJ would be happy if the appeals court reversed but held that talking about allegations that you raped someone is not within POTUS' job description.


I mean, I know our Susan Sarandon libby-libs need SOMETHING to biatch about with Biden but this is what DOJs do. Nothing to do with Biden.
 
2021-06-08 9:16:03 AM  

LL316: If Presidents get immunity, doesn't that incentivize criminals running for the Oval?


Not really.  The argument as presented is that "while in elected office, anything the President says is immune from personal suit"  hence the DOJ trying to project the "Office" and not the office holder.

This isn't saying the President is immune to any crimes they committed prior to holding the office.
 
2021-06-08 9:16:23 AM  
Fark user imageView Full Size
 
2021-06-08 9:18:12 AM  

Mr. carrot: I'm starting to believe the justice dept. Doesnt want to officially prove it was overtaken and run from the presidents office last administration so they can continue to pretend they're A-political and beyond influence. So they're continuing bits of what the trump doj was doing to pretend that those actions were A-political and the office wasnt compromised. Which is horseshiat. We all saw what happened.


We should blame Biden.
and the Democrats.
 
2021-06-08 9:19:17 AM  
Fark user imageView Full Size


Second time in a week the DOJ is doing things the White House knew nothing about. The other thing being the spying on reporters thing that when the White House found out they immediately put a stop to it. Does Trump still have plants in the DOJ doing his bidding or something? Not happy that my tax dollars are being used to defend Trump against a rape case that happened long before he became President.
 
2021-06-08 9:19:55 AM  

wejash: I mean, I know our Susan Sarandon libby-libs need SOMETHING to biatch about with Biden but this is what DOJs do. Nothing to do with Biden.


Thank you.
 
2021-06-08 9:20:00 AM  
Good. Let the judge destroy this theory once and for all
 
2021-06-08 9:20:49 AM  

LL316: If Presidents get immunity, doesn't that incentivize criminals running for the Oval?


When were they not criminals?
 
2021-06-08 9:21:28 AM  

BeansNfranks: He was a federal employee at the time the case was filed, but not when the crime occurred. Why can't they kick this case to any random public firm?


Actually he was President when the defamation alleged in the suit occurred.  He's not being prosecuted for rape.  He's being sued for comments made about the plaintiff concerning the alleged rape while he was President
 
2021-06-08 9:22:22 AM  
LOL this thread already.

"Can't blame Democrats for this! Yes they control the government, yes it's their appointees making this decision, but please understand that they're completely powerless."
 
2021-06-08 9:22:24 AM  

Mr. carrot: I'm starting to believe the justice dept. Doesnt want to officially prove it was overtaken and run from the presidents office last administration so they can continue to pretend they're A-political and beyond influence. So they're continuing bits of what the trump doj was doing to pretend that those actions were A-political and the office wasnt compromised. Which is horseshiat. We all saw what happened.


The DOJ being like this is nothing new. It's not as if it started acting this way under Trump.
 
2021-06-08 9:23:11 AM  
"The President is an 'employee of the government,'" the Justice Department asserted in its brief........


I thought he was, until he got his ass fired in November. I thought now he is just a pensioner.

Meanwhile, "Pants-Arse-Backwards-Slow-Spreading-P​ee-Stain" is spreading the Q lie about
his upcoming August reinstatement.

Trying to understand defending the tool that will be used to end this current form of Democracy
when he should be incarcerated three times over.

"The Washington Generals" will aid and abet all of those that want us all dead, until we are dead.
 
2021-06-08 9:24:00 AM  
 
2021-06-08 9:24:33 AM  

Spaz-master: Good. Let the judge destroy this theory once and for all


A judge already did. They're appealing the decision.
 
2021-06-08 9:24:36 AM  

HotWingConspiracy: LOL this thread already.

"Can't blame Democrats for this! Yes they control the government, yes it's their appointees making this decision, but please understand that they're completely powerless."


Meanwhile the DOJ is still doing nothing about the people who organized, funded, and incited armed insurrection and they also don't care. It's almost as if...
 
2021-06-08 9:26:10 AM  
THIS IS STRAIGHT-UP TREASON!!
 
2021-06-08 9:27:39 AM  

Driedsponge: If becoming President grants immunity for any crimes past, present, or future, then it's about time we have to completely nuke the position and start over.


IF? It always been this way.

I say Biden uses that immunity to destroy Trump, the GOP and the right wing medias. If anything happens, Harris can always give him a presidential pardon.

Or you know, do nothing and let the GOP and Russia destroy the country from within.
 
2021-06-08 9:28:34 AM  

HotWingConspiracy: LOL this thread already.

"Can't blame Democrats for this! Yes they control the government, yes it's their appointees making this decision, but please understand that they're completely powerless."


Well, sure we can blame Democrats!
Isn't that why this thread was submitted?

Please, join in the dog pile!
Everything is all the Democrats fault and that is why they are going to lose the next election!
and that will be all Biden's fault!
 
MFK
2021-06-08 9:30:37 AM  
are people forgetting that Trump had FOUR FULL YEARS to purge career people out of government and replace them all with Trump loyalists?

Also, this is Merrick Garland's mess to clean up, not Biden's.
 
2021-06-08 9:30:54 AM  

parasol: HotWingConspiracy: LOL this thread already.

"Can't blame Democrats for this! Yes they control the government, yes it's their appointees making this decision, but please understand that they're completely powerless."

Well, sure we can blame Democrats!
Isn't that why this thread was submitted?

Please, join in the dog pile!
Everything is all the Democrats fault and that is why they are going to lose the next election!
and that will be all Biden's fault!


Part of leadership is accountability...but you don't have the faintest clue about either of those two concepts. Just like a Trumper with your "the buck stops somewhere else! It's not our fault even though we are in control!"

Your whinging is pathetic.
 
2021-06-08 9:31:17 AM  

parasol: reposted from another submission:

"The Justice Department argued in a brief filed Monday that it should be permitted to substitute itself for former President Donald Trump as defendant in a defamation lawsuit brought by a longtime magazine columnist, E. Jean Carroll, who accused him of rape, continuing the argument it had initiated under the previous administrationeven as the White House has changed hands.

Rather, the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.

"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job," they wrote. "Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials' employment -- including when the statements were prompted by press inquiries about the official's private life."

The White House said it hadn't been consulted by the Justice Department before the brief was filed."

So, the DOJ is continuing a legal argument they began under Trump, basing it on previous court rulings, and did not consult the White House before filing a brief.

(btw, wasn't the problem with the DOJ under Trump a lack of autonomy? Why is this now Biden's doing when we spent years insisting the DOJ isn't supposed to work *for* the POTUS?)


So that is a farky manipulative conclusion.

Good job on that bizarrely farked up belief. Corruption is autonomy for farks sake and you know it.
 
2021-06-08 9:32:15 AM  
Isn't it about time to change the name of the Department Of Justice?
 
2021-06-08 9:33:19 AM  
If Biden goes after Trump then he puts a target on his own back for any future crap thrown at him during, or after the presidency.

Its simple self preservation.
 
2021-06-08 9:34:16 AM  

MFK: are people forgetting that Trump had FOUR FULL YEARS to purge career people out of government and replace them all with Trump loyalists?

Also, this is Merrick Garland's mess to clean up, not Biden's.


Hey?
Merrick Garland was sworn in on March 10th, almost three full months ago.
He's had PLENTY of time to clean up the DOJ, top to bottom and he hasn't.

It's probably because he's a Democrat and, since Biden appointed him, it's Biden's fault.
Democrats, as you know, do nothing, and nothing ever happens.

They aren't even doing anything about the January attackers!

https://abc7chicago.com/january-6-att​a​ck-us-capitol-donald-trump-justice-dep​artment/10745837/
 
2021-06-08 9:34:27 AM  

parasol: HotWingConspiracy: LOL this thread already.

"Can't blame Democrats for this! Yes they control the government, yes it's their appointees making this decision, but please understand that they're completely powerless."

Well, sure we can blame Democrats!
Isn't that why this thread was submitted?

Please, join in the dog pile!
Everything is all the Democrats fault and that is why they are going to lose the next election!
and that will be all Biden's fault!


This is why I am voting Donald Trump in 2024.

Sure, democracy will be forever destroyed in this country, and fascism will irrevocably installed with the Trump dynasty as our dictators for life.

But maybe it will teach those Establishment Dems a lesson.
 
2021-06-08 9:36:05 AM  

parasol: ...the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.


Oh? Did Trump f*ck her with the DOJ's dick?

What pure bullsh*t this is. Democrats should be ashamed.
 
2021-06-08 9:36:14 AM  

Terlis: LL316: If Presidents get immunity, doesn't that incentivize criminals running for the Oval?

Not really.  The argument as presented is that "while in elected office, anything the President says is immune from personal suit"  hence the DOJ trying to project the "Office" and not the office holder.

This isn't saying the President is immune to any crimes they committed prior to holding the office.


So, committing crimes to win re-election is fine, according to the argument?
 
2021-06-08 9:36:46 AM  
Biden has long thought women reporting rape are the real criminals so why surprised?
 
2021-06-08 9:36:50 AM  

parasol: HotWingConspiracy: LOL this thread already.

"Can't blame Democrats for this! Yes they control the government, yes it's their appointees making this decision, but please understand that they're completely powerless."

Well, sure we can blame Democrats!
Isn't that why this thread was submitted?

Please, join in the dog pile!
Everything is all the Democrats fault and that is why they are going to lose the next election!
and that will be all Biden's fault!


It probably hasn't dawned on you that selling people on the notion that Democrats and Biden have no ability to address this and are just hapless victims of the Justice Department isn't great messaging.
 
2021-06-08 9:37:08 AM  
No karma. The DOJ should have forced Trump to sue or threaten to sue them like he does everyone else and send in that crack team of attorneys he has.
 
2021-06-08 9:38:52 AM  

gunga galunga: This is why I am voting Donald Trump in 2024.


Well, that and the fact that it will be illegal to vote for anyone else.
 
2021-06-08 9:39:58 AM  
I would like to see a SCOTUS opinion about defamation for sexual assault and the President, whomever that could be.
 
2021-06-08 9:41:34 AM  

Rozotorical: parasol: reposted from another submission:

"The Justice Department argued in a brief filed Monday that it should be permitted to substitute itself for former President Donald Trump as defendant in a defamation lawsuit brought by a longtime magazine columnist, E. Jean Carroll, who accused him of rape, continuing the argument it had initiated under the previous administrationeven as the White House has changed hands.

Rather, the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.

"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job," they wrote. "Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials' employment -- including when the statements were prompted by press inquiries about the official's private life."

The White House said it hadn't been consulted by the Justice Department before the brief was filed."

So, the DOJ is continuing a legal argument they began under Trump, basing it on previous court rulings, and did not consult the White House before filing a brief.

(btw, wasn't the problem with the DOJ under Trump a lack of autonomy? Why is this now Biden's doing when we spent years insisting the DOJ isn't supposed to work *for* the POTUS?)

So that is a farky manipulative conclusion.

Good job on that bizarrely farked up belief. Corruption is autonomy for farks sake and you know it.



I'm not the one misreading what the DOJ filed as something other than the continuation of a legal argument still to be determined.

But, since so many farkers will just take the headline as confirmation of their bias, I'm going to just parrot them.
"It's all Biden's fault! The Democrats are just as bad as the GOP! Nothing is gonna happen!"

You know we do this at least once a day here, no matter the topic. SS/DD
 
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