Today ECBAWM filed an amicus curiae brief on behalf of the Rape, Abuse & Incest National Network (RAINN), the country’s largest anti-sexual violence organization, and other advocacy groups in support of E. Jean Carroll in her ongoing defamation lawsuit against Donald Trump.
Carroll’s lawsuit alleges that after she came forward saying Trump had raped her, he defamed her, calling her a liar and saying she was “not my type.” Trump then deputized the Department of Justice to intervene in the case, and argue that Trump’s statements were Presidential and he was therefore immune from suit. The District Court rejected this argument. On appeal in the Second Circuit Court of Appeals, the DOJ continues to defend Trump, so one sexual assault survivor must now confront not only Trump, but also the might of the entire Department of Justice of the most powerful country in the world.
In support of Carroll, ECBAWM’s amicus brief argues that accepting the arguments advanced by Trump and the DOJ “would give license to all federal officials to slander and defame their victims with impunity. Such a decision would have a chilling effect on survivors of sexual violence throughout the country and would exacerbate the challenges survivors already face in holding their attackers accountable.”
“The standards set in this case will have long-term impacts on the rights and recourse available to survivors of sexual assault who are seeking justice,” said ECBAWM partner Zoe Salzman. “We are honored to join RAINN and the other organizations on this brief in a case with such far-reaching implications on this critically important issue.”
Joining RAINN on the brief are Legal Momentum, the Women’s Legal Defense and Education Fund; the National Alliance to End Sexual Violence; the National Center for Victims of Crime; the New York City Alliance Against Sexual Assault; Safe Horizon; and Time’s Up.
ECBAWM served as pro bono counsel, led by Salzman with law clerk Julian S. Oppenheimer.