According to Just The News, Vice President Kamala Harris cast a decisive vote to confirm Judge Loren AliKhan to the U.S. District Court for the District of Columbia.
This vote elevated Harris's record for tie-breaking votes and underscored AliKhan's judicial role in the high-profile E. Jean Carroll defamation lawsuit against former President Donald Trump.
The Senate was deadlocked at 50-50 on December 5, 2023, and Sen. Joe Manchin, I-W. Va. opposed the confirmation. Vice President Harris stepped in to tip the balance, officially confirming AliKhan to a lifetime post.
Judge Loren AliKhan, formerly on the D.C. Court of Appeals, has previously been involved in a critical judicial opinion dated April 13, 2023. This opinion allowed the defamation lawsuit filed by E. Jean Carroll against former President Trump to proceed through the courts.
AliKhan's April decision bears considerable weight, mainly because it defies prior arguments presented by the Department of Justice under the Trump administration. In these earlier proceedings, the Department of Justice had argued that Trump was granted legal immunity under the Westfall Act.
The Department of Justice later reversed its stance following the change in administration. This adaptation offered an added layer of complexity to the legal proceedings.
Under the Biden administration, the DOJ allowed Trump to be held personally liable for the defamation claims, which diverged significantly from its previous position. This politics-charged alteration mirrored the shifting perspectives in judicial circles concerning the Westfall Act and presidential legal immunity.
The Westfall Act, which initially played a significant role in the lawsuit, saw varied interpretations across different court levels. Originally, the lawsuit transitioned to the U.S. District Court for the Southern District of New York under its auspices.
Judge Lewis Kaplan from the Southern District of New York contested Trump's claim to immunity, a critical pivot point in the unfolding of the legal drama.
On a broader scale, the U.S. Court of Appeals for the Second Circuit found that Trump qualified as an employee under the Westfall Act, adding another layer to the legal intricacies.
Adding to these parameters, the D.C. Court of Appeals clarified D.C. law specifics regarding employment scope, joined in the opinion by AliKhan. Despite these clarifications, the Court refrained from determining if Trump's remarks fell within that scope.
The D.C. Court left this ultimate judgment to be made by either the Second Circuit or the Southern District of New York, sustaining the case's ongoing nature. After these judicial maneuvers, the Second Circuit remanded the case to the district court for continued legal proceedings, keeping the case active.
