In a new letter, the DOJ argues that E. Jean Carroll’s amended complaint shows she needs to represent Trump.
In a letter to the judge, the DOJ wrote:
The Attorney General’s determination as to whether he can prove that a public servant is acting in accordance with his office or duties is based on the complaints filed. Therefore, determining which claim is applicable can have a certification effect. You see
Reedus v. McDonough, Case No. 1:21-cv-357, 2023 WL 1778410 at *1–*2 (ND Ind. Feb. 6, 2023) (“An amended complaint serves as a substitute for the original complaint and the case proceeds only on the allegations of the amended complaint … Therefore, when Plaintiff filed his amended complaint, that became the governing document in the case. . .it was affirmed.”).
Law professor Jen Taub explained:
An explanation of the evidence that came out of the trial that sheds light on what Donald Trump wants is important here. It’s possible that once the DOJ has seen the findings that he chooses to do so for personal reasons and not in the furtherance of his role as president.
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— Jen Taub (@jentaub) May 26, 2023
When E. Jean Carroll amended her complaint to include the derogatory remarks Trump made at his recent CNN hall of fame, it opened the door for the DOJ to withdraw from Trump’s representation, because the issue did not arise when Trump was elected. the first to criticize Carroll while acting as President.
As a former president, Trump does not have an official position, so he is not immune, so the question of whether his statements were protected as a public servant is irrelevant, but the case now includes what Trump said after he left office.
Donald Trump gave Attorney General Garland the escape route he may have been looking for since William Barr arrested him to represent Trump.
Trump’s CNN town hall did not make history. Thenit destroyed CNN viewers. The town hall found Trumwas also criticized by Carroll, and Trump may lose his attorney general.
Legal risks just keep coming for Donald Trump.
Jason is the editor-in-chief. He is also a White House Press Pool and DRM correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in public administration.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association