House passes ‘weaponization of the federal government’ panel among 1st week priorities

House passes ‘weaponization of the federal government’ panel among 1st week priorities
House passes ‘weaponization of the federal government’ panel among 1st week priorities
Anna Moneymaker/Getty Images

(WASHINGTON) — The House voted Tuesday afternoon to establish a new special panel to probe what Republicans call the “weaponization of the federal government.”

The subcommittee of the Judiciary Committee would have extraordinary power to investigate any part of the federal government for perceived wrongdoing against conservatives — the Justice Department and FBI, in particular. Rep. Jim Jordan, R-Ohio, is expected to take over the Judiciary subcommittee as Republicans say they are making final assignments.

At a news conference Tuesday following a closed-door meeting of House Republicans, Majority Leader Steve Scalise outlined the establishment of the “weaponization of the federal government” panel as among the GOP’s first priorities.

“We’re going to set up that Church committee to look at some of these federal agencies that are weaponizing government to go after families across this country based on their political views. That’s not what the government should be doing,” said Scalise, comparing the body to the so-called Church committee of the 1970s, in which a Democratic Sen. Frank Church led an investigation of intelligence abuse by the executive branch.

Scalise said the House will also vote on separate legislation Tuesday to create a new select committee on U.S. competition with China, which won bipartisan support.

But overall, GOP leaders took the chance to tout differences between predecessors and the now-Republican-controlled House.

“Not only did we get rid of proxy voting, we got rid of virtual hearings in committee,” Scalise said. “We’re going to be back in person again, and we’re going to be having field hearings,” he added, promising hearings on the immigration crisis to take place “at the border.”

With new rules changes, here’s some of what House Republicans outlined for their first full week:

What did McCarthy agree to with hard-liners?

Faced with questions about a three-page addendum to the House Rules package passed Monday night, detailing other concessions McCarthy made to critics to win the speakership, Scalise and others downplayed the document they said McCarthy detailed at a closed-door GOP conference meeting earlier Tuesday but did not release publicly.

“There’s no addendum. I wouldn’t call it an addendum. I think our speaker put it up on the screen today…” said GOP Whip Tom Emmer. “He made it very clear that there were no gavels given out. There were no deals like that that were made.”

ABC News reported last Thursday of an offer McCarthy made to GOP hard-liners opposing his bid for House speaker, including making it easier to bring a vote of no confidence to the floor, among other concessions.

‘Weaponization of the federal government’ subcommittee

Despite concerns from Democrats, Scalise said the new select subcommittee on the weaponization of the federal government will serve “to protect every American’s constitutional rights.”

In a straight party-line vote, the House voted 221-211 to establish the panel.

The panel will have the authority to investigate how the federal government and private companies collect and analyze information on Americans, along with “ongoing criminal investigations” and civil liberties issues, according to the text of the resolution. The mandate could set up new fights with the Justice Department and national security agencies over sensitive records and probes — including those involving former President Donald Trump.

The panel would also get access to highly classified information typically only shared with the House Intelligence Committee.

Democrats charge Republicans could use such broad new powers to disrupt ongoing probes into the Jan. 6 attack and Trump’s handling of classified documents.

“Jim Jordan and Kevin McCarthy claim to be investigating the weaponization of the federal government when, in fact, this new select committee is the weapon itself,” New York Rep. Jerry Nadler, the top Democrat on the Judiciary Committee, said in a statement. “It is specifically designed to inject extremist politics into our justice system and shield the MAGA movement from the legal consequences of their actions.”

But unlike how Republicans reacted to the Jan. 6 select committee, Democrats don’t plan to boycott the panel and its hearings, a senior Democratic aide told ABC News. The committee would be made up of 15 members appointed by McCarthy, as speaker: Nine Republicans and six Democrats.

Competition with China subcommittee

The House also voted Tuesday afternoon 365-65 to create a select committee on the “Strategic Competition Between the United States and the Chinese Communist Party,” which will aim to end critical economic dependencies on China.

The select committee, which will hold hearings, investigate, and submit policy recommendations, will be run by Rep. Mike Gallagher, R-Wis. The speaker will appoint up to 16 members to serve on the committee. Seven will be Democrats selected in consultation with Minority Rep. Hakeem Jeffries.

In a speech on the floor earlier in the day, Speaker McCarthy said, “I want this committee to last beyond who’s in the majority and never ever be decided that this is a partisan committee.”

“I’ve heard my colleagues on both sides say that the threat posed by Communist China is serious. I fully agree. This is an issue that transcends political parties. And creating the Select Committee on China is our best avenue for addressing it,” McCarthy said.

Notably, House Democrats did not whip members to vote against the new China select committee.

Rescinding IRS funding

Republicans are parading the party-line vote held Monday to rescind IRS funding under the Inflation Reduction Act as an example of the GOP keeping its promises post-midterms, despite the bill being unlikely to pass the Senate.

“Our first bill will repeal funding for 87,000 new IRS agents, because the government should be here to help you, not go after you,” McCarthy said upon taking the gavel early Saturday morning.

Scalise claimed Tuesday the Congressional Budget Office said that the additional IRS agents “would be set up to go after hard-working families across this country” and “people making less than $200,000 a year,” referring to an estimate from last August to swipe at President Joe Biden’s campaign promise.

Republicans also claimed through the midterms that some of the IRS agents would be armed, but both claims are misleading.

The IRS has said it plans over the next decade to use the roughly $80 billion from the Inflation Reduction Act to update its systems after years of under-funding by Congress, and hire and train new agents, only a small fraction of whom — in the Criminal Investigation division — would be armed. Not all of those would be new agents.

A new CBO score also found that the Republican bill passed Monday would add $114 billion to the deficit.

Abortion bills

In addition to the two votes on Tuesday to create new subcommittees, House Republicans teased more votes for later this week taking on abortion rights.

“We’re going to pass the Born-Alive Act,” Scalise said, noting every Republican was a co-sponsor of the bill last Congress but lamenting that then-House Speaker Nancy Pelosi wouldn’t bring it to the floor. “In our first full week, we’re going to actually bring that bill up for a vote.”

The Born-Alive Abortion Survivors Protection Act legislation, proposed by Rep. Ann Wagner, R-Mo., would force health care providers to care for a child who survives an abortion, which is exceedingly rare.

ABC News’ Trish Turner, Benjamin Siegel and Lauren Peller contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

With his eyes on the studio, Garth predicts 2023 will be his “busiest year” ever

With his eyes on the studio, Garth predicts 2023 will be his “busiest year” ever
With his eyes on the studio, Garth predicts 2023 will be his “busiest year” ever
ABC/Lou Rocco

2023 is shaping up to be “the busiest year” of Garth Brooks‘ career, the superstar proclaimed during his weekly edition of Inside Studio G. 

Of course, he kicks off his sold-out, 27-date Garth Brooks/Plus ONE residency at The Colosseum at Caesars Palace in May, but he revealed another major commitment for the year: He and wife Trisha Yearwood will take on a Habitat for Humanity build on behalf of their close friends, former President Jimmy Carter and first lady Rosalynn Carter.

There’s also the opening of his new Friends in Low Places entertainment venue on the famed Nashville strip known as Lower Broadway. 

But perhaps most exciting of all for fans is the news that Garth is planning to head into the studio. While he predicts he’ll “do a lot of things that probably never will see the light of day,” he also adds those end up being “my favorite sessions right there.”

The Country Music Hall of Famer typically checks in with his fans during a new Inside Studio G every Monday night on Facebook.

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Police looking for missing mom after she failed to pick up son from bus stop: ‘Very concerned’

Police looking for missing mom after she failed to pick up son from bus stop: ‘Very concerned’
Police looking for missing mom after she failed to pick up son from bus stop: ‘Very concerned’
Montgomery County District Attorney’s Office

(LIMERICK TOWNSHIP, Pa.) — Police have had no credible sightings a week after a Pennsylvania woman who failed to pick up her son from the bus stop went missing, authorities said.

Jennifer Brown, 43, of Limerick Township, was last seen at 2 p.m. on Jan. 3 by a “friend and business associate,” according to the Montgomery County District Attorney’s Office, which is asking for the public’s help in the missing person case.

Brown was scheduled to pick up her son from the bus stop the afternoon of Jan. 4 “but did not show up,” the district attorney’s office said in a statement.

“Her vehicle was parked outside of her home, and her car keys, wallet, purse and work cellphone were found inside,” the district attorney’s office said.

Brown’s personal cellphone, which was not found, has been silent since Wednesday morning, authorities said.

“Law enforcement is very concerned about the welfare of this mother,” Montgomery County District Attorney Kevin Steele said in a statement.

Steele updated Tuesday that authorities are still looking for Brown despite receiving hundreds of tips.

“Our detectives are looking at all aspects of her disappearance and have interviewed numerous people connected to her life,” he said in a statement. “We have received hundreds of tips from the general public, but unfortunately none have provided any significant leads, and there have been no credible sightings of Jennifer to date.”

Steele said his office is unable to share more details about the investigation “without jeopardizing our work.”

The family is offering a $10,000 reward for information that helps locate her, Steele’s office said.

“It’s literally like we’re living in a movie that we watch on TV, it’s so surreal and unbelievable,” Tiffany Barron, a spokesperson for the family, told Philadelphia affiliate WPVI. “Jennifer would never ever just disappear, she would never abandon her son.”

Residents of Limerick Township, located about 35 miles northwest of Philadelphia’s Center City, were stunned by the mother’s disappearance.

“To have something like this happen a few houses away is a shock,” neighbor Lisa Tomarelli told WPVI. “I’m a praying person and praying and hoping for some kind of resolution, some kind of answer.”

Brown is described by police as 5’1″, approximately 150 pounds with brown hair and green eyes. Anyone with information on her whereabouts is asked to call Limerick Township Police at 610-495-7909 or the Montgomery County Detective Bureau at 610-226-5553.

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Mom fatally shoots home invader to protect her 2 kids: Sheriff

Mom fatally shoots home invader to protect her 2 kids: Sheriff
Mom fatally shoots home invader to protect her 2 kids: Sheriff
Tangipahoa Paris Sheriff’s Office

(A Louisiana mom shot and killed a home invader to protect her two young children, authorities said.

The suspect, 51-year-old Robert Rheams, was armed with a shovel and a lug wrench when he allegedly forced his way into a woman’s home in Hammond around 5 a.m. Sunday, according to the Tangipahoa Parish Sheriff’s Office.

A “physical altercation” broke out between the homeowner and Rheams, after which the resident shot the intruder, according to the sheriff’s office.

Rheams was pronounced dead at the scene, authorities said.

Rheams was on parole at the time of the home invasion after spending about 20 years in prison for armed robbery, according to the sheriff’s office. Rheams also allegedly committed a carjacking hours before the home invasion, authorities said.

No arrests have been made, the sheriff’s office said.

“This case appears to be a homeowner exercising second amendment rights to protect herself and her children from a violent home invasion,” the sheriff’s office said in a statement. “Once the investigation is complete, the case will be forwarded to the District Attorney’s Office for further review.”

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Articles of impeachment introduced against DHS Secretary Mayorkas by Texas Republican

Articles of impeachment introduced against DHS Secretary Mayorkas by Texas Republican
Articles of impeachment introduced against DHS Secretary Mayorkas by Texas Republican
Amanda Andrade-Rhoades/For The Washington Post via Getty Images

(WASHINGTON) — House Republicans are wasting no time on their pledge to again try to bring articles of impeachment against Homeland Security Secretary Alejandro Mayorkas over Mayorkas’ handling of immigration and the border.

Rep. Pat Fallon, R-Texas, initially filed a resolution on Jan. 3, the first day of the new Congress, to impeach Mayorkas. Fallon then reintroduced the resolution late Monday, once the new chamber rules were adopted.

Republican leadership has not yet commented on whether they’ll take any further action on the resolution. Introducing articles of impeachment is the first step of what can be a lengthy process, including an investigation by the House Judiciary Committee, and does not mean Mayorkas will ultimately be impeached — or formally accused — by the House.

If he were impeached, he would then be tried by the Senate.

Fallon claims Mayorkas has failed to maintain “operational control over the border,” “willfully provided perjurious, false, and misleading testimony to Congress” and “knowingly slandered his own hardworking Border Patrol agents and mislead the general public.”

In a statement to ABC News, DHS spokesperson Marsha Espinosa said: “Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary workforce, and serve the American people.”

“The Department will continue our work to enforce our laws and secure our border, while building a safe, orderly, and humane immigration system,” Espinosa said. “Members of Congress can do better than point the finger at someone else; they should come to the table and work on solutions for our broken system and outdated laws, which they have not updated in over 40 years.”

A DHS official reiterated that the secretary has no plans to resign and that they believe the impeachment articles have no factual grounds.

Mayorkas has repeatedly defended his handling of the border. “I’ve got a lot of work to do,” Mayorkas told George Stephanopoulos on ABC’s “This Week” on Sunday. “I’m proud to do it alongside 250,000 incredibly dedicated and talented individuals in the Department of Homeland Security, and I’m going to continue to do my work.”

House Speaker Kevin McCarthy, R-Calif., previously called on Mayorkas to resign or risk an impeachment inquiry, which is one of the steps ahead of a full House vote on whether to impeach him.

At a news conference at the border in November post-midterms, McCarthy said the incoming GOP House majority would open investigations that could lead to impeachment proceedings.

“If Secretary Mayorkas does not resign, House Republicans will investigate every order, every action and every failure to determine whether we can begin an impeachment inquiry,” McCarthy told reporters in El Paso, Texas.

At the time, he said he wanted Mayorkas’ resignation by Jan. 3 or investigations would begin on day one.

“Enough is enough,” he said.

“Alejandro Mayorkas must resign,” Rep. Kat Cammack, R-Fla., who joined McCarthy at the border said. “And if he doesn’t, we will make him.”

This isn’t the first time Mayorkas has faced an impeachment threat.

Rep. Andy Biggs, R-Ariz., filed articles of impeachment against him in August 2021 but the measure went nowhere in the Democratic-controlled Congress.

In fiscal year 2022, the border saw its highest number of migrants encountered ever, according to data from U.S. Customs and Border Protection.

Mayorkas told Stephanopoulos on “This Week” that he has no intention of resigning and is ready for congressional investigations.

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Madagascar faces millions of years of extinctions due to human activity, scientists say

Madagascar faces millions of years of extinctions due to human activity, scientists say
Madagascar faces millions of years of extinctions due to human activity, scientists say
chronowizard gasikara/Getty Images

(ANTANANARIVO, Madagascar) — The ramifications of human activity on the island of Madagascar will affect the island far longer than previously realized, scientists say.

It could take millions of years for the biodiversity on the island to recover from extinctions spurred by human activity, according to a study published Tuesday in Nature Communications.

The island is home to a plethora of unique animal species, including the Madagascar sucker-footed bat, an ancient family of bats that is found only on Madagascar; the lowland streaked tenrec, from a diverse group of mammals found only on Madagascar; the world’s smallest chameleon; the fossa; and the ring-tailed lemur.

At least 17 species of lemurs have already gone extinct on the island, and several other species are threatened with extinction due to human influences such as deforestation, hunting and climate change, according to the study.

Researchers from the U.S., Europe and Madagascar sought to quantify the extent to which humans have disrupted the fauna of Madagascar and forecast future outcomes, assembling a comprehensive dataset of 249 living and recently extinct mammals, including species that disappeared shortly after humans first arrived on the island, such as giant lemurs and dwarf hippos.

The scientists then combined that data with evolutionary history of species and statistical models of their geographical distribution over time.

The impacts were much greater than scientists expected, Luis Valente, author and researcher at the Naturalis Biodiversity Center and the University of Groningen in the Netherlands, told ABC News.

The researchers found that it could take 3 million years for Madagascar to recover the species that have been lost since human arrival if current threats are not mitigated, the study states.

In addition, it could take more than 20 million years to recover if currently threatened species are lost as well, the researchers said.

“We knew that there’s a lot of species that are threatened in Madagascar, but we didn’t expect it to be such a long timescale that it would take to recover them,” Valente said.

Even bat species, which can colonize islands more easily than non-flying mammals, may need about 3 million years to recover, according to the paper. The number of Madagascar’s mammal species threatened with extinction has increased dramatically in the past decade, from 56 in 2010 to 128 in 2021.

The timescale, termed “evolutionary return time,” will take longer than other island nations because the human impact has been limited in comparison to a place like New Zealand, Valente said. Although humans first arrived on Madagascar about 2,500 years ago, the bulk of the damage from human expansion has been done in the past 100 years, leaving much of the island’s forests in pristine condition, he added.

Essentially, because Madagascar is “catching up” to other island nations in terms of detrimental human activity, it stands to lose a lot more in the future, Valente said.

“The amount of history we stand to lose on Madagascar is larger than in any other system that we’ve looked at,” Valente said.

Deforestation for the purpose of planting crops has been the main culprit of human expansion over the last century, but communities are also beginning to encroach farther into forests to hunt bushmeat, such as lemurs, Valente said. Combined with climate change, the longevity of many species on the island is at risk.

The findings suggest that immediate conservation efforts are needed to avoid long-lasting biodiversity losses, including programs that include socio-economic improvements for local human populations, reducing forest loss in the remaining natural habitats and limiting artisanal and commercial resource exploitation, such as of hardwoods and animals for the bushmeat trade, the scientists said.

The expansion and enforcement of protected areas will be necessary as well, Valente said.

Without timely conservation actions, the biodiversity of Madagascar could be impacted for millions of years, the scientists said.

Copyright © 2023, ABC Audio. All rights reserved.

Ukraine sees surge of female fighters

Ukraine sees surge of female fighters
Ukraine sees surge of female fighters
ABC News

(KYIV, Ukraine) — By now she’s gained a few nicknames; from “punisher of Russians,” to the “Ukrainian Joan of Arc.”

Eugenia Emerald has become somewhat of an icon in Ukraine, fighting on the front lines as a sniper — the only woman in her unit.

She’s one of more than 50,000 women now enlisted in the Ukrainian army.

“All Russians are scared of us,” said Emerald. “Afraid of me, afraid of us. Ukrainian women.”

Women on the front is still a relatively recent phenomenon in Ukraine. As of 2014, when Russia invaded Crimea, women were still barred from combat roles. It wasn’t until 2018 that female soldiers were finally given the same status as men — and, according to Ukraine’s Defense Ministry, women now account for close to a one-fifth of Ukraine’s armed forces.

Emerald’s said her father taught her how to use a weapon. She later enrolled in a military program in college, and when war broke out in February, the army called her up to see if she’d be willing to fight. As a single mom, Emerald said she made the difficult decision to leave her 11-year-old daughter behind. She’s been everywhere now — from Kharkiv and Zhytomyr, to Bucha and the battle for Kyiv.

But she says being a woman on the front has its fair share of challenges: battling both the common enemy and internal discrimination. Emerald recounted how one man she came into contact with told her a woman’s place was not on the battlefield, but in the kitchen.

“I was angry, really angry,” she said, adding she had to work twice as hard to be taken seriously. “But they respect me later.”

It’s something Anastasia Kolesnyk, who enlisted on the first day of the war, said she has also had to deal with.

“You always have to prove yourself,” she said. “When you meet the new division, they need a couple days to get used to you, and the fact that you are the same as them.”

Anastasia says she’s not surprised so many Ukrainian women have enlisted.

“The only option I had was to enlist,” said Anastasia. Because when a murderer and a thief come to your house, you don’t just run away– you try to protect it. And everything was at stake.”

The surge of female soldiers is so new that Ukraine’s military still doesn’t have standard uniforms for women — meaning they’re often handed ill-fitting men’s clothes.

“In the beginning, it was very cold — I had to wear my sneakers, because there were no military boots available in my size,” Kolesnyk said. “And the uniforms were two sizes too big,” she added.

So she asked her brother Andrii and his girlfriend Kseniia Drahanyuk to send her the items she needed — and after the two realized just how much gear Kolesnyk was lacking, they created the Zemlyachki nonprofit to help other female soldiers. They’ve now helped over 3,000 women, sending them over $1 million worth of care packages that include things like lighter body armor, tampons, smaller shoes, and fitted uniforms, Kolesnyk said.

As Emerald showed us her gear — and the uniform that was in fact once too big for her — she also stumbled upon her wedding dress.

Because in the middle of the fighting, Emerald also found love — another soldier, in another unit, who read an article about her and reached out on Instagram. The two married on the battlefield, near Kharkiv.

Amid all the death and destruction, Emerald is now carrying new life — she is pregnant with a baby girl.

“You know, my first daughter — she is like a princess,” she said. “But I think my second daughter, yes, she will be like me. And if she wants, I will teach her [how to] shoot.”

She says as hard as it would be to leave her two daughters now, she would eventually like to head back to the front.

“Ukrainian women are very strong, and all of us love our land,” she said, adding it’s precisely because of her daughters — and their future– that she risks it all.

“It’s the reason I go to war,” she said.

Copyright © 2023, ABC Audio. All rights reserved.

Toronto homeless man ID’d as victim in alleged fatal ‘swarming’ attack by 8 girls

Toronto homeless man ID’d as victim in alleged fatal ‘swarming’ attack by 8 girls
Toronto homeless man ID’d as victim in alleged fatal ‘swarming’ attack by 8 girls
Toronto Police Service

(TORONTO) — A homeless man was identified Tuesday as the victim of a fatal “swarming” attack police allege was committed by eight teenage girls in downtown Toronto last month.

Toronto police said Ken Lee, 59, was beaten and stabbed by the group of girls, three who are just 13 years old, in the slaying that sent shockwaves through the city of nearly 3 million people.

In addition to the three 13-year-olds, police said three 14-year-old girls and two 16-year-old suspects were arrested in the grisly crime.

A woman who witnessed the attack told the Canadian Broadcasting Company that Lee was killed while defending her when the girls allegedly attempted to take a bottle of liquor.

“He protected me,” the witness, who was not identified, told the media outlet.

The witness alleged the teen girls turned on Lee when he tried to intervene, punching and stabbing him before fleeing the scene.

“Bleeding, bleeding, bleeding,” she described Lee’s condition following the attack. “I didn’t know if they had a knife or what. I was just scared. I think they stabbed his belly.”

Detective Sgt. Terry Browne of the Toronto Police Department confirmed that investigators suspect an attempted theft — “likely of a liquor bottle” — preceded the deadly attack.

The teenage suspects were arrested shortly after the victim was found on the street suffering from multiple stab wounds and was later pronounced dead at a hospital, Browne said at a news conference last month.

“I wouldn’t describe them as a gang at this point, but what they are alleged to have occurred that evening would be consistent with what we traditionally call a swarming, or a swarming-type behavior,” Browne said.

A motive for the killing has yet to be disclosed, but Browne said investigators suspect the teens were involved in another violent altercation just prior to allegedly committing the murder.

The homicide unfolded just after midnight on Dec. 18 and the suspects were located and arrested soon after in the same area, Brown said. He said a number of weapons were recovered from the suspects.

The names of the suspects, who are all charged with murder, were not released due to their ages.

Browne said the young suspects are from various parts of Toronto and that they met through social media. He said the group made arrangements to join up in downtown Toronto.

He said Lee was from Toronto and had been living in a downtown homeless shelter after recently falling on “some hard luck.”

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Coachella 2023 lineup includes headliner Frank Ocean, Burna Boy, Pusha T and more

Coachella 2023 lineup includes headliner Frank Ocean, Burna Boy, Pusha T and more
Coachella 2023 lineup includes headliner Frank Ocean, Burna Boy, Pusha T and more
Courtesy of Goldenvoice

Coachella is making a return in April, and this time around, Frank Ocean is one of the headliners. The singer is closing out the third and final nights of the two-weekend event, while Bad Bunny and BLACKPINK will respectively end nights one and two.

Frank was originally supposed to headline the 2020 Coachella event, which was canceled due to COVID-19. Scheduling conflicts prevented him from performing when the festival made its 2022 return, so Coachella co-founder Paul Tollett pushed the performance back to 2023.

Coachella will go down April 14-16 and April 21-23 at the Empire Polo Club in Indio, California, and will mark Frank’s first festival performance since the Flow Festival in 2017.

Also taking the stage are Burna BoyMetro BoominPusha TIdris ElbaFlo MilliShenseeaA BoogieLattoGloRillaRae Sremmurd and Noname, to name a few.

 

Copyright © 2023, ABC Audio. All rights reserved.

Judges reluctant to say Trump was acting as president when he allegedly defamed E. Jean Carroll

Judges reluctant to say Trump was acting as president when he allegedly defamed E. Jean Carroll
Judges reluctant to say Trump was acting as president when he allegedly defamed E. Jean Carroll
Joe Raedle/Getty Images

(NEW YORK) — Judges from the D.C. Court of Appeals expressed reluctance Tuesday to find that then-President Donald Trump acted within the scope of his employment in 2019 when he, in the course of denying a rape claim by E. Jean Carroll, allegedly defamed her by calling her a liar and saying she was “not my type.”

The outcome will determine whether Carroll’s defamation case in Manhattan federal court can proceed.

Trump has sought to have the U.S. government substitute for him as the defendant, a position that the Justice Department under President Joe Biden has continued to support. However for that to occur, the D.C. Court of Appeals must decide that Trump was acting within the bounds of his employment as president when he allegedly defamed Carroll.

Carroll, a former Elle columnist, alleged that Trump raped her in the dressing room of Bergdorf Goodman in the 1990s.

On Tuesday, Justice Department lawyer Mark Freeman urged the court to find it was part of Trump’s job to deny Carroll’s claim.

“It is part of the job of elected officials to address matters of public controversy,” Freeman said in an argument echoed by Alina Habba, an attorney for Trump.

“This was thrust upon him and he was responding to press in his job,” Habba said.

Judge Catherine Easterly questioned whether the court, as a matter of law, could decide whether Trump’s conduct was part of the job.

“The court has never done that,” Easterly said.

Carroll’s lawsuit is set for trial in April. The substitution of the United States for Trump would, however, end the case since the federal government cannot be sued for defamation.

“A determine that something is within scope of employment doesn’t normally immunize the individual employee,” Judge Roy McLeese said.

Carroll’s attorney insisted that Trump denied her rape claim for purely personal reasons and in a manner that was outside the norm for a government employee.

“When someone accuses a prominent official of sexually assaulting them and they respond and say ‘Well she’s not my type,’ our position is that is evidence of some degree of motivation that goes beyond job-related, ” Carroll’s attorney, Joshua Matz, said.

Carroll sued Trump for a second time in November, alleging battery under a new law in New York that allows adult sex assault victims to file claims that would otherwise be barred by the passage of time.

Her new lawsuit also alleged a second claim of defamation over statements Trump made in October 2022.

Trump called Carroll’s claim “a Hoax and a lie” in a post on his social media platform Truth Social. “And, while I am not supposed to say it, I will. This woman is not my type!” the post added.

“Trump’s false, insulting, and defamatory October 12 statement about Carroll — and his actual malice in making that statement — is fully consistent with his tried-and-true playbook for responding to credible public reports that he sexually assaulted women,” the lawsuit said.

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