Yikes, Donald Trump’s attempt to weaponize the DOJ to erase his ‘past’ just blew up in his face

Donald Trump just hit another legal brick wall—and this one has “Department of Justice is not your cleanup crew” stamped all over it.

A federal appeals court has officially denied Trump’s latest attempt to wriggle free of his costly defamation loss to writer E. Jean Carroll. His maneuver? A Hail Mary-style motion invoking the Westfall Act, a law designed to protect federal employees, not shield ex-presidents from civil fallout over personal misconduct.

Let’s unpack this legal mess

Trump’s strategy was simple and cynical: argue that when he called Carroll’s sexual assault allegations a “hoax” back in 2019, he was merely doing his job as president. If the court had agreed, the U.S. government—aka the taxpayers—would’ve replaced Trump as the defendant. The case would have been dismissed because you can’t sue the government for defamation. Convenient, right?

But the Second Circuit wasn’t buying it. In a June 18 order, a three-judge panel denied Trump’s motion to swap himself out for the United States, citing no ambiguity whatsoever.

The court promised a fuller opinion later, but the message now is loud and clear: No, Donald, being president doesn’t mean you can nuke a private citizen’s reputation and duck accountability.

Sorry Trump, defaming accusers not a presidential duty

The law Trump leaned on, the Westfall Act, allows the DOJ to step in and shield government employees from liability for actions taken “within the scope” of their duties. But there’s a catch—actually, several.

Trump already tried this tactic once back in 2020, roping in then-Attorney General Bill Barr to claim the presidency magically covered personal smears. That move triggered a years-long court saga.

In 2023, the Justice Department reversed course, saying it would no longer certify that Trump was acting in an official capacity when he attacked Carroll. Too much damning evidence had piled up—like Trump’s own deposition and not one but two jury verdicts confirming he had sexually assaulted and defamed Carroll.

And here’s the kicker: the Westfall Act only allows a defendant to petition for substitution before trial. Trump had his chance to press this argument when the DOJ backed out—he didn’t. Instead, he stayed silent, went to trial, lost big (to the tune of $83.3 million), and only afterward tried to rewind the tape and pull the DOJ back in.

Carroll’s team came out swinging

Carroll’s legal team wasn’t having it. In their fiery response, they accused Trump of trying to game the system—again. “It is nothing more than the latest example of Trump ‘slow-rolling’ his defenses,” her lawyers wrote, calling out his habit of introducing new delay tactics each time another one fails.

The courts seem to agree. In this round, Trump’s delay tactic backfired. Bigly.

Now, with oral arguments still scheduled for June 24 in his appeal of the $83 million verdict, Trump will have to face the music without the DOJ singing backup vocals. This isn’t just a procedural loss; it’s a shot across the bow for a man who’s spent years dodging consequences behind a presidential seal. So no, the Department of Justice isn’t Trump’s personal eraser. And no, calling a woman a liar after sexually assaulting her doesn’t fall under “official duties.” If you’re keeping score, it’s accountability: 2, Trump: 0.