E. Jean Carroll v. Donald J. Trump, No. 20-3977 (2d Cir. 2022)Annotate this Case
Defendant-Appellant Donald J. Trump and Movant-Appellant the United States of America appealed from a district court’s judgment denying their motion to substitute the United States in this action pursuant to the Westfall Act of 1988. On appeal, Appellants argued that substitution is warranted because the President of the United States is a covered government employee under the Westfall Act, and because Trump had acted within the scope of his employment when he made the allegedly defamatory statements denying Plaintiff-Appellee’s 2019 sexual assault allegations.
The Second Circuit reversed the district court’s holding that the President of the United States is not an employee of the government under the Westfall Act. And the court vacated the district court’s judgment that Trump did not act within the scope of his employment, and certified that question to the D.C. Court of Appeals.
The court certified the following question: Under the laws of the District, were the allegedly libelous public statements made, during his term in office, by the President of the United States, denying allegations of misconduct, with regards to events prior to that term of office, within the scope of his employment as President of the United States?
The court issued a subsequent related opinion or order on April 21, 2023.