The U.S. Department of Justice on Tuesday reversed its decision on issuing Westfall Act certification in E. Jean Carroll’s defamation lawsuit against former President Donald Trump, dealing a blow to his argument that he was acting within the scope of his employment as president when he made public statements about Carroll in 2019.

Carroll, who accused Trump of sexual assault, sued him for defamation after he publicly denied the allegations and accused her of lying. In a separate lawsuit, a Manhattan federal jury in May found Trump liable for defaming and sexually abusing Carroll and awarded her $5 million; Trump maintains his denial and has said he will appeal.

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