After Carroll's 2019 accusation, Trump said that he never met Carroll and accused her of fabricating the allegations to sell her book or to "carry out a political agenda".
But they added that New York Judge Lewis Kaplan had been "erroneous" to rule in October 2020 that Trump's alleged defamatory statements did not fall within his official business as president. In another case, Justice lawyers suggested that the gassing of lawful protesters by police past year in Washington's Lafayette Square was appropriate for the safety of the president.
Trump's response to Carroll's "serious allegations of sexual assault included statements that questioned her credibility in terms that were crude and disrespectful", they said.
"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job", the DoJ brief argued.
The papers were filed after the Justice Department appealed a decision by Judge Lewis A. Kaplan, who ruled in October that Trump can not use a law protecting federal employees from being sued individually for things they do within the scope of their employment. Trump is returning from Camp David.
DOJ lawyers are fighting to keep secret a memo that Barr cited to justify his decision not to charge Trump with obstruction of justice during the investigation by special counsel Robert S. Mueller III. Garland's DOJ released only a portion of the memo and then filed the appeal to avoid presenting the full document. Well, because at core, Garland (like so many in the Biden administration) is an institutionalist.
Ross Garber, an associate professor at Tulane Law School, found the Justice Department's defense a bridge too far.
As a proud Justice Department alumnus, I respect that Garland is an institutionalist.
Honig responded by saying Garland has an opportunity to "try to undo Bill Barr's abuses" and is miscalculating right now.
The other side: White House spokesperson Andrew Bates said in an emailed statement that the White House "was not consulted by DOJ on the decision to file this brief or its contents".
The statement continues: "And while we are not going to comment on this ongoing litigation, the American people know well that President Biden and his team have utterly different standards from their predecessors for what qualify as acceptable statements". But Biden also knew exactly what a diehard institutionalist Garland was when he appointed him to this position.
"The DOJ's position is not only legally wrong, it is morally wrong since it would give federal officials free license to cover up private sexual misconduct by publicly brutalizing any woman who has the courage to come forward".
Google, the newspaper's email provider, resisted supplying the latter information - and in March the Justice Department obtained a judicial gag order preventing New York Times executives from publicizing the matter.