If the DOJ’s motion succeeds, the effect will be to throw out the case, letting Trump skate. Gen. William Barr’s willingness to treat the president as the DOJ’s client, this turn in Carroll’s case is one more outrage. Defamation — an intentional tort, as opposed to, say, an act of negligence — is not on the list. As to the particular matter of elected officials and their duties, tort cases, including defamation cases, have been mounted against members of Congress. As galling as it will be to Carroll and anyone who hoped her lawsuit would call Trump to account, Kaplan may be hard-pressed to deny DOJ’s claim and let the defamation case be decided on its merits.

Source: Los Angeles Times October 21, 2020 20:47 UTC