New, with more to come: DOJ under Biden is keeping up the previous admin's effort to take over Trump's defense against a defamation lawsuit filed by writer E. Jean Carroll — an effort Biden criticized during the campaign.

First brief under new admin: https://t.co/JihPuNXxHj

Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.

Key phrase in tonight's brief? "institutional interests" https://t.co/LTuq3vv58F
This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically. https://t.co/LTuq3vv58F
DOJ says Trump's comments about Carroll — who accused him of raping her more than 20 years ago — were "crude and disrespectful." Notably, that language does not appear in DOJ's prev. brief filed 1/15. But DOJ says the case isn't about what's "appropriate" https://t.co/LTuq3vv58F
A federal district judge in Manhattan had rebuffed DOJ's effort last fall to substitute the US govt for Trump as the defendant. If the government ultimately wins, it would likely spell the end of Carroll's suit, since the US is immune against libel suits https://t.co/LTuq3vv58F
Two big Qs in Carroll's case: 1) Is a president covered by the same protections against being sued that apply to fed employees? 2) Was Trump acting w/in scope of his job when he denied a rape allegation?

DOJ — under Trump and Biden — says yes to both.
https://t.co/LTuq3vv58F
DOJ strives to condemn Trump in as many ways as possible ("crude" "disrespectful" "unncessary" "unwarranted" "inappropriate") while trying to stress that this isn't about Trump, but about making sure all officials get robust protection against being sued https://t.co/LTuq3vv58F
DOJ also wrote that its effort to intervene in the case does not "turn on the truthfulness of Ms. Carroll’s allegations" https://t.co/LTuq3vv58F
White House spox defers to DOJ re: Carroll's case, and says they weren't consulted.

"...the American people know well that President Biden and his team have utterly different standards from their predecessors for what qualify as acceptable statements"
https://t.co/LTuq3vv58F

More from Zoe Tillman

A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest

Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release


We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->


Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation

FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up

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