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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

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"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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From Fragility to Resilience: Fixing America’s Economic and Political Fault Lines

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From Fragility to Resilience: Fixing America’s Economic and Political Fault Lines

This series began with a simple but urgent question: What’s gone wrong with America’s economic policies, and how can we begin to fix them? The story so far has revealed not only financial instability but also deeper structural weaknesses that leave families, small businesses, and entire communities far more vulnerable than they should be.

In the first two articles, “Running on Empty” and “Crash Course,” we examined how middle-class families, small businesses, and retirees are increasingly caught in a web of debt and financial uncertainty. We also examined how Wall Street’s speculative excesses, deregulation, and shadow banking have pushed the financial system to the brink. Finally, we warned that Donald Trump’s economic agenda doesn’t address these problems—it magnifies them. Together, these earlier articles painted a picture of a system skating on thin ice, where even small shocks could trigger widespread crisis.

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Poll: 82% of Americans Want Redistricting Done by Independent Commission, Not Politicians

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Poll: 82% of Americans Want Redistricting Done by Independent Commission, Not Politicians

There may be no greater indication that voters are not being listened to in the escalating redistricting war between the Republican and Democratic Parties than a new poll from NBC News that shows 8-in-10 Americans want the parties to stop.

It’s what they call an "80-20 issue," and yet neither party is standing up for the 80% as they prioritize control of Congress.

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MAGA says no to Trump & Kennedy’s junk science

U.S. President Donald Trump answers questions after making an announcement on“ significant medical and scientific findings for America’ s children” in the Roosevelt Room of the White House on Sept. 22, 2025, in Washington, D.C. Federal health officials suggested a link between the use of acetaminophen during pregnancy as a risk for autism, although many health...

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MAGA says no to Trump & Kennedy’s junk science

President Trump stood at the White House podium, addressing a room full of reporters.

“First, effective immediately, the FDA will be notifying physicians that the use of…ah-said-a…well…let’s see how we say that.”

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Safeguarding Democracy: Addressing Polarization and Institutional Failures

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Safeguarding Democracy: Addressing Polarization and Institutional Failures

The Fulcrum is committed to nurturing the next generation of journalists. To learn about the many NextGen initiatives we are leading, click HERE.

We asked Luke Harris, a Fall Intern with the Fulcrum Fellowship, to share his thoughts on what democracy means to him and his perspective on its current health.

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