| DOJ Lawyer
Couldn't Enter SDNY Courthouse In Jean
Carroll Case Now DOJ Position Rejected
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Oct 27 – In case of E. Jean
Carroll, argument on making
the US a defendant seemed set
to begin, back on October 21.
DOJ lawyer Stephen Terrell,
who asked to adjourn it as
barred from U.S.
District Court for the
Southern District of New York
courthouse due to Virginia
being on quarantine list,
called in. Inner City Press
live tweeted it, below.
Now on
October 27, Judge Lewis A.
Kaplan has ruled, "the
allegations have no
relationship to the official
business of the United States.
To conclude otherwise would
require the Court to adopt a
view that virtually everything
the president does is within
the public interest by virtue
of his office. The government
has provided no support for
that theory, and the Court
rejects it as too
expansive. The
President of the United States
is not an "employee of the
Government" within the meaning
of the relevant statutes....
Accordingly, the motion to
substitute the United States
in place of President Trump
[Dkt. 3] is denied."
Back on October
21, Judge Kaplan denied any
postponement, and noted he "is
not authorized to vary the
existing restrictions on entry
into the courtroom."
Judge Kaplan
begins: I had an application
to adjourn and I denied it.
What do you want to do?
US: We elect to
submit on the briefs, with no
argument.
Ms. Kaplan: Jean
drove some distance to be in
court today. This is
essentially a dispositive
motion....
Ms Kaplan:
There is no exception to
sovereign immunity for
intentional torts. We'd like a
chance to further brief.
Judge Kaplan: I
invoke the principle that new
arguments in a reply brief
will not be considered. Does
the US agree? US: Yes.
Judge Kaplan:
Matter is taken under
submission. I'm sorry so many
people were inconvenienced.
Adjourned.
The case is
(still) named Carroll
v. Trump, 20-cv-7311
(Kaplan).
Then:
***
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