Attorney General Bill Barr and his Dept. of Justice are taking heat after spokesperson Kerri Kupec admitted that by the DOJ taking over President Donald Trump’s rape denial case it will have killed it.
“Once the case shifts to fed court, it becomes an issue of sovereign immunity. Meaning, case over,” Kupec, a former legal counsel and communications director for the conservative Christian anti-LGBTQ hate group Alliance Defending Freedom, tweeted Thursday night.
Trump is being sued by E. Jean Carroll, a journalist who is accusing the president of raping her in a Manhattan luxury goods store in the mid-1990’s. Trump denied the claim, as he often does by insisting she isn’t his “type.” Carroll sued Trump for defamation. She is represented by prominent attorney Roberta (“Robbie”) Kaplan, whose Supreme Court argument led to the end of the unconstitutional Defense of Marriage Act.
Kupec apparently was trying to stifle dissent by noting that the federal government cannot be sued for defamation.
Many Americans are furious that Barr appears to have taken over the role of Trump’s personal attorney. By taking the case, and substituting the federal government for Trump as defendant, some are also concerned about the use of taxpayer dollars.
Kupac snarkily tried to push back against that:
Myth: By DOJ removing the case from state to fed court, taxpayers are now on the hook for funding the Carroll defamation lawsuit.
Fact: Once the case shifts to fed court, it becomes an issue of sovereign immunity. Meaning, case over. No case, no cost. https://t.co/56OU3lkVVM
— Kerri Kupec DOJ (@KerriKupecDOJ) September 11, 2020
She was unsuccessful, creating more anger and misinformation:
Here’s noted former U.S. Attorney Barbara McQuade, now a University of Michigan Law professor and NBC/MSNBC legal analyst:
DOJ spokesperson is fighting myths with lies. Sovereign immunity applies only if DOJ prevails on sketchy claim that Trump was acting in scope of employment when he made allegedly defamatory remarks. And even if Trump prevails, there’s a lot of litigation ahead at taxpayer expense https://t.co/dKcv3eA4MQ
— Barb McQuade (@BarbMcQuade) September 11, 2020
University of Texas Law professor of law:
Myth: Shifting the case to federal court immediately ends it, with no expense borne by the federal government.
Fact: We’re now in for significant litigation over whether the Westfall Act *applies* here—both in the district court and on appeal—for which taxpayers are on the hook. https://t.co/HUHiJjt5oY
— Steve Vladeck (@steve_vladeck) September 11, 2020
Noted national security and civil liberties journalist Marcy Wheeler:
Billy Barr’s flack admits he’s covering up rape.
There you have it–the full Catholic rapist immunity play. https://t.co/9VP6oTyzax
— emptywheel (@emptywheel) September 11, 2020
New York State Assembly District Leader:
Fact: Kerri is lying. https://t.co/LZCjPyhrRS
— Cory Provost (@coryprovost) September 11, 2020
I’m no expert but I’m pretty sure suburban women love when the department of justice proudly admits its goal is to silence a rape case against Donald Trump I mean what female voter isn’t going to rush back to the GOP with that level of commitment to silencing a rape victim? https://t.co/YU1yyITwbK
— [REDACTED]™ (@quasirealSmiths) September 11, 2020
Just the DOJ spox explaining how they’re taking over defense of the case concerning rape allegations against President Trump in order to immediately shut it down and prevent it from ever being decided on the merits.
Cool, cool. https://t.co/PrM5DLnifU
— Andrew White (@AcWhite42) September 11, 2020
This is one of the dumbest argument I have ever seen from any government agency. i don’t know where you came from, but you clearly are a political hack. no one who has ever been in a courtroom or read a law book would ever say something so demonstrably idiotic.
— Kurt Eichenwald (@kurteichenwald) September 11, 2020
Wait, I’m no big city lawyer, but you’re saying sovereign immunity applies to defamatory statements made about activites not only outside of official duties, but related to activities which pre-date federal service.
“The King can commit no wrong”
— weaR1-a GD2 – mask, you monster (@RobertDSquared) September 11, 2020
The President gets sued for denying a rape allegation. DOJ claims immunity and sweeps it under the rug. Easy peazy lemon squeezy.
This tweet is heartless and shameless. 👇 https://t.co/hNVLkMV7qd
— Jake (@Jake_McQ) September 11, 2020
you get this is dictator shit, right?
— ryan onstott (@fmhueffer) September 11, 2020
I remember the good ole days when the DOJ was all about fighting the bad guys and standing up for justice.
Now they fight to protect the bad guys, rapists, conmen and crooks. #TrumpsAmerica
— Winston Smith 🆘💔💔💔 (@gaslightingus2) September 11, 2020
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Pelosi Strikes Back After New House GOP Leadership, in Act of ‘Revenge’ Immediately Targets Top Democrats
Speaker Emerita Nancy Pelosi is sending a strong message to House Republican Leadership after now-former Speaker Kevin McCarthy‘s hand-picked acting replacement, U.S. Rep. Patrick McHenry (R-NC), evicted her and Steny Hoyer, the former Democratic House Majority Leader, from their Capitol Offices, in what reportedly is an act of “revenge.”
McHenry, a hard-core conservative, made clear his outrage over McCarthy’s ouster when he angrily gaveled out the House on Tuesday.
The Rep. Patrick McHenry gavel slam …. pic.twitter.com/TV1VGbkT7Y
— Howard Mortman (@HowardMortman) October 3, 2023
In one of his first acts as “Speaker Pro Tempore,” McHenry, the longtime McCarthy ally who worked behind the scenes in January to help McCarthy get enough votes to become Speaker on the fifteenth try, ordered Pelosi late Tuesday night to vacate her office immediately.
“Please vacate the space tomorrow, the room will be re-keyed,” an aide to McHenry directed Pelosi.
Overnight, McHenry made the same demand of Hoyer.
Punchbowl News’ Jake Sherman reports the evictions are “revenge for Democrats voting with @mattgaetz to boot @SpeakerMcCarthy from the speakership.”
“Expect more of this, GOP sources tell us,” he adds.
Tuesday night, before the Hoyer eviction, Pelosi had responded with a brutal, damning statement, explaining that she had remained in California, mourning her longtime friend and colleague, the late Senator Dianne Feinstein.
Politico reported that “House Minority Leader Hakeem Jeffries’ staff helped Pelosi’s office make the move, according to a spokesperson for the former speaker.”
In a scratching rebuke, Pelosi said in her public statement, “With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol.”
“Office space doesn’t matter to me,” she added, “but it seems important to them.”
“Now that the new Republican Leadership has settled this important matter, let’s hope they get to work on what’s truly important to the American people.”
Pelosi, in California, had not voted on removing McCarthy. She had not indicated how she would have voted, possibly out of respect for the office of Speaker of the House.
But after Hoyer was targeted for eviction, the Speaker Emerita issued an official announcement to be placed in the Congressional Record. As C-Span’s Craig Caplan reported Wednesday, Pelosi announced she would have voted to oust McCarthy.
Former House Speaker Nancy Pelosi, who was in California yesterday for the late Senator Dianne Feinstein’s memorial services, announced in the Congressional Record she would have voted No against tabling Matt Gaetz’s effort to remove Kevin McCarthy as Speaker & Yes to oust him. pic.twitter.com/FFNbmqj9xP
— Craig Caplan (@CraigCaplan) October 4, 2023
Watch the video clip of McHenry above or at this link.
Pelosi Delivers Brutal Response After McCarthy’s Acting Replacement Orders Her to Vacate Her Office Immediately
Within hours of Kevin McCarthy being ousted as Speaker of the House late Tuesday afternoon, his hand-picked acting successor, U.S. Rep. Patrick McHenry (R-NC), ordered Speaker Emerita Nancy Pelosi to vacate her Capitol Hill offices “by tomorrow.”
McHenry, whose title technically now is “Speaker Pro Tempore,” is a staunch McCarthy ally who worked diligently behind the scenes in January to help the now-former Speaker get elected on the fifteenth attempt, had an aide issue the order.
“‘Please vacate the space tomorrow, the room will be re-keyed,’ wrote a top aide on the Republican-controlled House Administration Committee,” Politico reported Tuesday night. “The room was being reassigned by the acting speaker ‘for speaker office use,’ the email said.”
Politico adds that “House Minority Leader Hakeem Jeffries’ staff helped Pelosi’s office make the move, according to a spokesperson for the former speaker.”
Pelosi, who was honored with the title “Speaker Emerita” in 2022 by the House Steering and Policy Committee in an effort to help unite the House, did not vote for or against McCarthy’s ouster. She remained in California to attend the funeral of her friend and colleague, the late U.S. Senator Dianne Feinstein.
But Pelosi, the first and only woman Speaker of the House, who served from 2007 to 2011 and again from 2019 to 2023, did not take McHenry’s order lying down.
“With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol,” Pelosi said in a statement, according to Politico’s Nicholas Wu. “Sadly, because I am in California to mourn the loss of and pay tribute to my dear friend Dianne Feinstein, I am unable to retrieve my belongings at this time.”
“This eviction is a sharp departure from tradition. As Speaker, I gave former Speaker Hastert a significantly larger suite of offices for as long as he wished,” She noted.
“Office space doesn’t matter to me, but it seems important to them,” Pelosi added. “Now that the new Republican Leadership has settled this important matter, let’s hope they get to work on what’s truly important to the American people.”
‘Radical Left Marxists’: Trump Launches Attack Hours After Judge Imposes Gag Order
Just hours after New York Supreme Court Justice Arthur Engoron imposed a limited gag order and directed Donald Trump to remove his social media post targeting and attacking, by name, the judge’s law clerk, the ex-president Tuesday evening issued an attack targeting the legal system, and apparently, by extension, Attorney General Letitia James.
Judge Engoron’s Tuesday order barred Trump from “posting, emailing or speaking publicly about any of my staff,” as Politico reported. The judge’s gag order did not extend to any officer of the court, witnesses, or anyone else involved in Attorney General James’ $250 million civil fraud case against Trump.
“Consider this statement a gag order forbidding all parties from posting, emailing or speaking publicly about any of my staff,” Engoron said Tuesday afternoon. “Failure to abide by this order will result in serious sanctions.”
Judge Engoron had announced in court: “This morning one of the defendants posted to his social media account a disparaging, untrue and personally identifying post about a member of my staff.”
“Personal attacks on members of my court staff are unacceptable, inappropriate and I will not tolerate them in any circumstances,” Engoron added.
Politico described Trump’s social media post as “a message alleging [the law clerk] ‘is running this case against me.’ The message was pulled from an account on X with fewer than 200 followers. Trump then linked to an Instagram account for Greenfield’s campaign for a judgeship in Manhattan civil court.”
“’How disgraceful! This case should be dismissed immediately!!’ Trump added. He also posted a photo of her alongside Senate Majority Leader Chuck Schumer and referred to her as ‘Schumer’s girlfriend.'”
And while the judge ordered the social media post taken down, there’s nothing that can be done about the email blast Trump sent to “millions” of his supporters that included the post, as The New York Times reported.
Tuesday evening, despite having already been given one gag order, Trump appeared to tear into the legal system and Attorney General Letitia James in a series of false claims.
After claiming James’ civil lawsuit against him was unconstitutional and election interference, Trump wrote the decision to apply that statute to him “was done by Radical Left Marxists design, and is not the America we know.”
“It is so unfair that I am being tried under Section 63(12), which is unconstitutionally being used to punish me because I am substantially leading Crooked Joe Biden in the polls,” Trump wrote on Truth Social. “It is a Consumer Protection Statute, and not meant, at all, for Election Interference purposes, which is what this is all about! Under this Section of the law, I am not even entitled to a JURY (there is no checking of a box alternative!).This was done by Radical Left Marxists design, and is not the America we know. MAKE AMERICA GREAT AGAIN!”
As The New Yorker reported last week, the law Trump is referring to was “passed at the behest of one of” James’ “Republican predecessors, Jacob Javits.”
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