Why an Immunity Ruling in Trump's Favor Might Not Alter the Shape of His Trial
By Jonathan Alter
June 15, 2023
Former President Donald Trump arrives at a campaign event in the Bronx last week (Jabin Botsford/The Washington Post)
A federal judge on Wednesday ruled that former President Donald Trump is immune from a lawsuit filed by E. Jean Carroll, a writer who accused him of raping her in the 1990s. The ruling is a significant victory for Trump, but it may not have a major impact on the shape of his upcoming trial.
Carroll's lawsuit is one of several that have been filed against Trump since he left office. The other lawsuits allege that Trump defamed the plaintiffs, violated their civil rights, or committed other torts. Trump has denied all of the allegations, and he has vowed to fight the lawsuits "vigorously."
The immunity ruling in the Carroll case is based on a federal law that protects government employees from being sued for actions they take within the scope of their employment. Trump's lawyers argued that he was acting as president when he allegedly raped Carroll, and therefore he is immune from her lawsuit.
The judge agreed with Trump's lawyers, ruling that Trump is "entitled to absolute immunity from civil liability" for his alleged actions. The judge also dismissed Carroll's defamation claim, ruling that Trump's statements about her were protected by the First Amendment.
The immunity ruling is a setback for Carroll, but it may not have a major impact on the shape of Trump's upcoming trial. The other lawsuits against Trump are still pending, and they are not subject to the same immunity defense. It is possible that Trump could be held liable for his actions in these lawsuits, even if he is immune from Carroll's lawsuit.
The immunity ruling could also have a broader impact on the #MeToo movement. The movement has been gaining momentum in recent years, and it has led to a number of high-profile men being held accountable for their sexual misconduct. The immunity ruling could make it more difficult for victims of sexual assault to seek justice, as it could provide a potential defense for those who are accused of wrongdoing.
The immunity ruling is a controversial decision, and it is likely to be appealed. It is too early to say what the long-term impact of the ruling will be, but it is clear that it has the potential to have a significant impact on the #MeToo movement and on the upcoming trial of Donald Trump.
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