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Claim: Justice Department can run Trump’s defense in defamation lawsuit. Fact check: True

Attorney General William Barr

Attorney General William Barr

Kamil Krzaczynski/Getty Images
"The case law is crystal clear that the Westfall Act applies claims against the president, the vice president, as well as other federal employees and members of Congress. ... When you're answering questions in office, even about personal affairs, any defamation claim is subject to Westfall. So this was a normal application of the law." — Attorney General Attorney William Barr speaking at a press conference in Chicago on Wednesday

During a press conference in Chicago on Wednesday, Attorney General William Barr said the Department of Justice could take over as President Trump's defense team in the defamation lawsuit brought against him by journalist E. Jean Carroll, citing the Westfall Act.

Barr's office is claiming that Trump was acting in his capacity as president of the United States when he called Carroll a liar and therefore is protected under the Westfall Act, which gives federal employees immunity from claims like defamation during their service.


"I gather that the claim will be that part of Trump's professional duties is answering questions at press conferences, and that his alleged defamation was done in the scope of his employment, so Respondeat Superior applies," Northwestern University legal professor Andrew Koppelman said. This would remove the case from the New York court system, which had just rejected Trump's request for a delay and was about to require he provide a DNA sample and an interview under oath.

Now a federal judge will need to determine whether to grant the request to make the U.S. government a defendant in the case. The lawsuit stems from 2019, when Trump denied Carroll's claims that he raped her at a department store in the 1990s and said that she brought this allegation up to sell a book. Carroll filed a defamation lawsuit following those comments, claiming they damaged her reputation and career prospects.

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Trump's Quiet Coup Over the Budget

U.S. President Donald Trump, October 29, 2025.

(Photo by Andrew Harnik/Getty Images)

Trump's Quiet Coup Over the Budget

In “The Real Shutdown,” I argued that Congress’s reliance on stopgap spending bills has weakened its power of the purse, giving Trump greater say over how federal funds are used. The latest move in that long retreat is H.R. 1180, a bill introduced in February 2025 by Representative Andrew Clyde (R-GA). The one-sentence bill would repeal the Impoundment Control Act of 1974 in its entirety—no amendments, no replacement, no oversight mechanism. If continuing resolutions handed the White House a blank check, repealing the ICA would make it permanent, stripping Congress of its last protection against executive overreach in federal spending and accelerating the quiet transfer of budgetary power to the presidency.

The Impoundment Control Act (ICA) was a congressional response to an earlier constitutional crisis. After Richard Nixon refused to spend funds Congress had appropriated, lawmakers across party lines reasserted their authority. The ICA required the president to notify Congress of any intent to withhold or cancel funds and barred them from doing so without legislative approval. It was designed to prevent precisely the kind of unilateral power that Nixon had claimed and that Trump now seeks to reclaim.

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Trump’s anti-Venezuela actions lack strategy, justifiable targets and legal authorization
Screenshot from a video moments before US forces struck a boat in international waters off Venezuela, September 2.
Screenshot from a video moments before US forces struck a boat in international waters off Venezuela, September 2.

Trump’s anti-Venezuela actions lack strategy, justifiable targets and legal authorization

“I think we’re just going to kill people that are bringing drugs into our country. OK? We’re going to kill them. You know, they’re going to be, like, dead,” President Donald Trump said in late October 2025 of U.S. military strikes on boats in the Caribbean Sea north of Venezuela.

The Trump administration asserted without providing any evidence that the boats were carrying illegal drugs. Fourteen boats that the administration alleged were being operated by drug traffickers have been struck, killing 43 people.

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An empty grocery cart in a market.

America faces its longest government shutdown as millions lose food, pay, and healthcare—while communities step up to help where Washington fails.

Getty Images, Kwangmoozaa

Longest U.S. Government Shutdown Sparks Nationwide Crisis

Congratulations to World Series champions the Los Angeles Dodgers! Americans love to watch their favorite sports teams win championships and set records. Well now Team USA is about to set a new record – for the longest government shutdown in history. As the shutdown enters its second month and the funds for government operations and programs run out, more and more Americans are starting to feel the pain.

Over the weekend, 42 million Americans – nearly one-eighth of the country – who use the Supplemental Nutrition Assistance Program (SNAP) to feed themselves and their families, lost their food stamps for the first time in the program’s history. This is the nation’s largest anti-hunger program.

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U.S. Postal Service Cuts Funding for a Phoenix Mail Room Assisting Homeless People

Margarita Moreno works at the mail room in the Phoenix campus of Keys to Change, a collaborative of 15 nonprofit organizations that serve homeless people.

Credit: Ash Ponders for ProPublica

U.S. Postal Service Cuts Funding for a Phoenix Mail Room Assisting Homeless People

Carl Steiner walked to the window of a small gray building near downtown Phoenix and gave a worker his name. He stepped away with a box and a cellphone bill.

The box is what Steiner had come for: It contained black and red Reebok sneakers to use in his new warehouse job.

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