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E. Jean Carroll in Warwick, New York. Photo: Eva Deitch for The Washington Post via Getty Images

A federal judge on Tuesday dismissed the Justice Department's attempted intervention on behalf of President Trump in writer E. Jean Carroll's defamation lawsuit against him, after she accused him of raping her in a dressing room in the mid-1990s.

Catch up quick: The agency argued that Trump was "acting within the scope of his office" as president when he said in 2019 that Carroll was "lying" about her claim.

  • Trump denied the rape accusation last summer, stating that Carroll was "totally lying" and claiming they'd never met. He added that Carroll is "not my type."

What they're saying: U.S. District Judge Lewis Kaplan notes that the Justice Department "inserted itself into the case" after a state court rejected Trump's claim "that he could not be sued because he currently is president."

  • Kaplan writes that, if Caroll's defamation suit was treated as a case against the U.S. instead of Trump as an individual — as the DOJ has moved to reinterpret it — then "it could well be argued that this case must be dismissed" due to stipulations in the Federal Tort Claims Act.

Carroll said in a statement: “When I spoke out about what Donald Trump did to me in a department store dressing room, I was speaking out against an individual. When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."

Read the ruling.

Go deeper

Updated Nov 22, 2020 - Politics & Policy

GOP Sen. Pat Toomey: Trump has exhausted all plausible legal options

Sen. Pat Toomey during a Senate hearing in May. Photo: Alex Wong/Getty Images

Sen. Pat Toomey (R-Pa.) congratulated President-elect Joe Biden on his election win, saying in a statement, "President Trump has exhausted all plausible legal options to challenge the result of the presidential race in Pennsylvania."

Why it matters: Toomey made the announcement hours after a Republican judge in his home state dismissed a Trump campaign lawsuit that sought to block the certification of Pennsylvania's election results.

Dan Primack, author of Pro Rata
9 hours ago - Technology

TikTok gets more time (again)

Illustration: Aïda Amer/Axios

The White House is again giving TikTok's Chinese parent company more to satisfy national security concerns, rather than initiating legal action, a source familiar with the situation tells Axios.

The state of play: China's ByteDance had until Friday to resolve issues raised by the Committee on Foreign Investment in the U.S. (CFIUS), which is chaired by Treasury secretary Steve Mnuchin. This was the company's third deadline, with CFIUS having provided two earlier extensions.

Federal judge orders Trump administration to restore DACA

DACA recipients and their supporters rally outside the U.S. Supreme Court on June 18. Photo: Drew Angerer via Getty

A federal judge on Friday ordered the Trump administration to fully restore the Deferred Action for Childhood Arrivals program, giving undocumented immigrants who arrived in the U.S. as children a chance to petition for protection from deportation.

Why it matters: DACA was implemented under former President Obama, but President Trump has sought to undo the program since taking office. Friday’s ruling will require Department of Homeland Security officers to begin accepting applications starting Monday and guarantee that work permits are valid for two years.