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DOJ Lawyer Couldn't Enter SDNY Courthouse In Jean Carroll Case Now DOJ Position Rejected

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Oct 27 – In case of E. Jean Carroll, argument on making the US a defendant seemed set to begin, back on October 21. DOJ lawyer Stephen Terrell, who asked to adjourn it as barred from  U.S. District Court for the Southern District of New York courthouse due to Virginia being on quarantine list, called in. Inner City Press live tweeted it, below.

 Now on October 27, Judge Lewis A. Kaplan has ruled, "the allegations have no relationship to the official business of the United States. To conclude otherwise would require the Court to adopt a view that virtually everything the president does is within the public interest by virtue of his office. The government has provided no support for that theory, and the Court rejects it as too expansive.   The President of the United States is not an "employee of the Government" within the meaning of the relevant statutes.... Accordingly, the motion to substitute the United States in place of President Trump [Dkt. 3] is denied."

Back on October 21, Judge Kaplan denied any postponement, and noted he "is not authorized to vary the existing restrictions on entry into the courtroom."

Judge Kaplan begins: I had an application to adjourn and I denied it. What do you want to do?

US: We elect to submit on the briefs, with no argument.

Ms. Kaplan: Jean drove some distance to be in court today. This is essentially a dispositive motion....

 Ms Kaplan: There is no exception to sovereign immunity for intentional torts. We'd like a chance to further brief.

Judge Kaplan: I invoke the principle that new arguments in a reply brief will not be considered. Does the US agree? US: Yes.

Judge Kaplan: Matter is taken under submission. I'm sorry so many people were inconvenienced. Adjourned.

The case is (still) named Carroll v. Trump, 20-cv-7311 (Kaplan).



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