The Justice Department tells the Supreme Court that Trump's 2019 statements about Carroll were plainly within the scope of his office
United States Department of JusticePetitioner, in a petition filed by Acting Solicitor General Hashim M. Mooppan
The Justice Department's petition says Trump's 2019 statements denying Carroll's allegation were plainly within the scope of his office because they defended his character and fitness for office, and asks the Court to let the United States replace him as defendant under the Westfall Act.
Responding to
Nothing in the Westfall Act barred Attorney General Pam Bondi's April 2025 recertification that Trump's 2019 statements fell within the scope of his office, so the United States should have been substituted as defendant after trial.
“The error is especially egregious because, on the merits, President Trump's conduct was plainly within the scope of his office.”
Original text
Where this statement fits
Trump asks the Supreme Court to overturn E. Jean Carroll's $83.3 million defamation verdict on immunity grounds; Carroll says he waived that defense
Trump and the Justice Department ask the Supreme Court to review the $83.3 million judgment over his 2019 statements about E. Jean Carroll, citing presidential immunity and the Westfall Act. Carroll says Trump gave up his immunity defense years ago.
Source and context
Original text
About this source
The Justice Department's petition, filed by Acting Solicitor General Hashim M. Mooppan, asking the Supreme Court to review the Second Circuit's refusal to substitute the United States for Trump as defendant after Attorney General Pam Bondi recertified in April 2025 that his 2019 statements fell within the scope of his office.
Archived copy (opens in a new tab)Before the quotation
The petition argues that the Second Circuit relied on a flawed reading of the Westfall Act to deprive the president of its protection without considering the merits of Attorney General Pam Bondi's certification, an error it says threatens all presidents and warrants review.
After the quotation
The petition goes on to say that when a president engages in public communications he is typically discharging the official responsibilities of his position, and that this is certainly true when those communications defend his character and fitness to hold the office.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is Trump's June 2019 statements denying Carroll's allegation, which a jury found defamatory, and his bid to escape the $83.3 million judgment for them through presidential immunity or substitution of the United States as defendant. The department argues that the statements were official conduct within the scope of Trump's office, so the United States rather than Trump should answer for them, a defense of the statements against personal liability.
- Recorded on
- Published here
- People and groups discussed
- E. Jean Carroll
More from this case
Read the full caseE. Jean Carroll, in her Supreme Court brief, says the Court should not bail Trump out of the consequences of his litigation choices
“Nor should this Court grant certiorari to bail out this President from the consequences of his repeated litigation choices.”Read statement
Trump, in his Supreme Court petition, calls the Carroll judgment the first in U.S. history to impose damages on a president for conduct in office
“This is the first case in our Nation's history in which a court has imposed damages liability on a President for his conduct in office.”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- The Justice Department tells the Supreme Court that Trump's 2019 statements about Carroll were plainly within the scope of his office
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/7897-the-justice-department-s-petition-says-trump-s
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "The Justice Department tells the Supreme Court that Trump's 2019 statements about Carroll were plainly within the scope of his office". First published: 2026-11-03. Last updated: 2026-11-03. https://disputeindex.com/events/7897-the-justice-department-s-petition-says-trump-s