In Trump’s appeal of EJ Carroll’s $83.3 million defamation verdict against him, set for oral argument June 24, Trump & DOJ have jointly moved to postpone. The request is based on a claim he & DOJ raised after appellate briefing was complete. ... 1/6 storage.courtlistener.com
It’s a claim under the so-called Westfall Act, which Trump/DOJ litigated before—from Sep 2020 to July 2023—but which seemed to have died then. My unofficial chronology is below. ... 2/6
This case involves alleged defamations in 2019, when Trump was president. So at various times Trump has invoked, and lost, both presidential immunity and Westfall immunity. The Westfall Act says that the US is responsible for any govt employee’s tort within the scope of his/her employment. ... 3/6 If so, the case must be dismissed, and the plaintiff’s only remedy, if any, is under the (stingy) Federal Tort Claim Act. Trump/DOJ raised Westfall immunity in Sep 2020. ... 4/6
... In July 2023 the Biden DOJ said the Westfall Act didn’t apply & stopped representing him. Trump seemed to let matter drop. Carroll says the statute allowed him to raise the issue himself at any time before trial, but he didn’t. ... 5/6
... Then, on 4/11/25, after appellate briefing was complete (mainly over *presidential* immunity!!), Trump/DOJ raised it again. The Second Circuit hasn’t yet ruled on the invocation, so DOJ/Trump say they can’t be ready for argument without knowing first. 6/6-end