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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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How Trump turned a January 6 death into the politics of ‘protecting women’

A memorial for Ashli Babbitt sits near the US Capitol during a Day of Remembrance and Action on the one year anniversary of the January 6, 2021 insurrection.

(John Lamparski/NurPhoto/AP)

How Trump turned a January 6 death into the politics of ‘protecting women’

In the wake of the insurrection at the Capitol on January 6, 2021, President Donald Trump quickly took up the cause of a 35-year-old veteran named Ashli Babbitt.

“Who killed Ashli Babbitt?” he asked in a one-sentence statement on July 1, 2021.

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Gerrymandering Test the Boundaries of Fair Representation in 2026

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Gerrymandering Test the Boundaries of Fair Representation in 2026

A wave of redistricting battles in early 2026 is reshaping the political map ahead of the midterm elections and intensifying long‑running fights over gerrymandering and democratic representation.

In California, a three‑judge federal panel on January 15 upheld the state’s new congressional districts created under Proposition 50, ruling 2–1 that the map—expected to strengthen Democratic advantages in several competitive seats—could be used in the 2026 elections. The following day, a separate federal court dismissed a Republican lawsuit arguing that the maps were unconstitutional, clearing the way for the state’s redistricting overhaul to stand. In Virginia, Democratic lawmakers have advanced a constitutional amendment that would allow mid‑decade redistricting, a move they describe as a response to aggressive Republican map‑drawing in other states; some legislators have openly discussed the possibility of a congressional map that could yield 10 Democratic‑leaning seats out of 11. In Missouri, the secretary of state has acknowledged in court that ballot language for a referendum on the state’s congressional map could mislead voters, a key development in ongoing litigation over the fairness of the state’s redistricting process. And in Utah, a state judge has ordered a new congressional map that includes one Democratic‑leaning district after years of litigation over the legislature’s earlier plan, prompting strong objections from Republican lawmakers who argue the court exceeded its authority.

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New Year’s Resolutions for Congress – and the Country

Speaker of the House Mike Johnson (R-LA) (L) and Rep. August Pfluger (R-TX) lead a group of fellow Republicans through Statuary Hall on the way to a news conference on the 28th day of the federal government shutdown at the U.S. Capitol on October 28, 2025 in Washington, DC.

Getty Images, Chip Somodevilla

New Year’s Resolutions for Congress – and the Country

Every January 1st, many Americans face their failings and resolve to do better by making New Year’s Resolutions. Wouldn’t it be delightful if Congress would do the same? According to Gallup, half of all Americans currently have very little confidence in Congress. And while confidence in our government institutions is shrinking across the board, Congress is near rock bottom. With that in mind, here is a list of resolutions Congress could make and keep, which would help to rebuild public trust in Congress and our government institutions. Let’s start with:

1 – Working for the American people. We elect our senators and representatives to work on our behalf – not on their behalf or on behalf of the wealthiest donors, but on our behalf. There are many issues on which a large majority of Americans agree but Congress can’t. Congress should resolve to address those issues.

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Congressional paralysis is no longer accidental. Polarization has reshaped incentives, hollowed out Congress, and shifted power to the executive.

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How Congress Lost Its Capacity to Act and How to Get It Back

In late 2025, Congress fumbled the Affordable Care Act, failing to move a modest stabilization bill through its own procedures and leaving insurers and families facing renewed uncertainty. As the Congressional Budget Office has warned in multiple analyses over the past decade, policy uncertainty increases premiums and reduces insurer participation (see, for example: https://www.cbo.gov/publication/61734). I examined this episode in an earlier Fulcrum article, “Governing by Breakdown: The Cost of Congressional Paralysis,” as a case study in congressional paralysis and leadership failure. The deeper problem, however, runs beyond any single deadline or decision and into the incentives and procedures that now structure congressional authority. Polarization has become so embedded in America’s governing institutions themselves that it shapes how power is exercised and why even routine governance now breaks down.

From Episode to System

The ACA episode wasn’t an anomaly but a symptom. Recent scholarship suggests it reflects a broader structural shift in how Congress operates. In a 2025 academic article available on the Social Science Research Network (SSRN), political scientist Dmitrii Lebedev reaches a stark conclusion about the current Congress, noting that the 118th Congress enacted fewer major laws than any in the modern era despite facing multiple time-sensitive policy deadlines (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5346916). Drawing on legislative data, he finds that dysfunction is no longer best understood as partisan gridlock alone. Instead, Congress increasingly exhibits a breakdown of institutional capacity within the governing majority itself. Leadership avoidance, procedural delay, and the erosion of governing norms have become routine features of legislative life rather than temporary responses to crisis.

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