Summary
The Second Circuit denied a joint motion by Donald Trump and the United States government to substitute the federal government as the defendant in a defamation suit under the Westfall Act. The court ruled that the motion was statutorily barred because the Westfall Act mandates that certification and substitution occur before trial. Furthermore, the court determined that both parties waived their right to seek substitution by failing to request it in the district court prior to trial, and equitable considerations supported denial.
Topics
Practice areas
Questions Presented
- Whether the Westfall Act substitution motion filed after trial is barred by the statute’s ‘before trial’ limitation
- Whether Trump and the United States waived their right to seek substitution by failing to move before trial
Holdings
- The motion to substitute the United States is denied because it was filed after trial, violating the plain‑text ‘before trial’ timing restriction in 28 U.S.C. §2679(d)(2) and §2679(d)(3).
- Both Trump and the United States waived their right to substitution because they failed to timely petition the district court after the July 13, 2023 deadline and after the D.C. Court of Appeals clarification.
Key quotations
“The Westfall Act, 28 U.S.C. § 2679, permits the United States, in certain circumstances, to be substituted as a party in a lawsuit against a federal employee alleging that the employee committed tortious conduct in the course of his employment.”
“‘It is our duty to give effect, if possible, to every clause and word of a statute.’ United States v. Menasche, 348 U.S. 528, 538‑539 (1955).”
Factual background
E. Jean Carroll sued Donald J. Trump for defamation based on statements he made in June 2019 while serving as President. The case was removed to federal court under the Westfall Act, proceeded through summary judgment and a jury trial, and resulted in a verdict for Carroll. After Trump’s second inauguration, he and the government sought to substitute the United States as defendant on appeal.
Procedural history
Carroll filed a defamation action in New York state court in 2019. The case was removed to the Southern District of New York under the Westfall Act in 2020. The district court denied a motion to substitute the United States as defendant. The parties appealed; the Second Circuit partially reversed and remanded. After a jury verdict for Carroll in 2024, Trump and the government moved on appeal to substitute the United States, which the Second Circuit denied.