WASHINGTON — An appellate court set an expedited schedule to consider whether Donald Trump was acting in his official duties as president in 2019 when he denied a claim by a woman that he sexually assaulted her in a department store dressing room decades ago.
The District of Columbia Court of Appeals’ answer to that question is a critical next step in writer E. Jean Carroll’s defamation lawsuit against Trump. In an order Tuesday, the court set arguments for Jan. 10 as a full court, instead of the typical three-judge panel, meaning any decision would be final, appealable only to the U.S. Supreme Court.
Last month, a different appellate court revived Trump’s argument that he could be eligible for federal legal protection against Carroll’s civil suit in New York because he was a government employee when he made the comments at issue. But that court kicked over the question of whether he was, in fact, acting within his official duties to the District of Columbia’s highest local court.
Carroll sued Trump for defamation after he denied her rape allegation and added personal insults. Trump, backed by the Justice Department under both his and the Biden administration, has argued that he’s covered by a federal law known as the Westfall Act that shields government employees against being sued for acts that relate to their official duties.
The U.S. 2nd Circuit Court of Appeals held that the Westfall Act could cover a president, but found they needed guidance from the D.C. court about whether Trump’s statements fall under the umbrella of his official duties under Washington, D.C., law.
Carroll’s lawyer Roberta Kaplan said in an email that they were pleased by the expedited schedule and “we are eager to get to trial on all of E. Jean’s claims as soon as possible.”
Trump’s lawyer, Alina Habba, didn’t immediately respond to a message seeking comment. She has previously said she’s confident the DC court will side with Trump on the question of whether his comments about Carroll were part of his official duties as president.
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(Bloomberg staff writer Erik Larson contributed to this story.)
