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VP Harris Breaks Tie, Judge AliKhan Confirmed Amid Questions About Trump-Carroll Case

 August 5, 2024

Vice President Kamala Harris made history with a pivotal vote that confirmed Judge Loren AliKhan's appointment to the U.S. District Court for the District of Columbia.

On Dec. 5, 2023, VP Harris's tie-breaking vote secured a lifetime federal judgeship for AliKhan, who was notably involved in a key appellate ruling related to a contentious defamation lawsuit against former President Donald Trump, as Just the News reports.

The tie in the Senate was broken by Harris's vote on a strictly party-line basis, resulting in a 51-50 tally. This instance marked her as the vice president with the highest number of such determinative votes in U.S. history, setting a new record in the political landscape.

Detailed Background of Judge AliKhan’s Controversial Case

Before her confirmation, on April 13, 2023, AliKhan was involved in an influential decision with the D.C. Court of Appeals. The opinion issued had far-reaching implications, significantly impacting the legal proceedings against Trump.

Initially, the Department of Justice (DOJ) under Trump's administration posited that Trump could not be held liable for defamation claims made by author E. Jean Carroll, asserting his immunity based on the presidential role in which he served. Carroll had filed her lawsuit back in November 2019.

This interpretation was challenged, leading to the invocation of the Westfall Act by the DOJ which aimed to substitute the United States as the defendant, rather than Trump himself. However, this substitution was rejected by Judge Lewis Kaplan of the Southern District of New York (SDNY).

Legal Proceedings and Appeals Follow

The case then escalated to the U.S. Court of Appeals for the Second Circuit. There, it was determined that Trump was indeed an "employee" under the Westfall Act, but the case needed further deliberations. Thus, it was remanded with guidance from the opinion of the D.C. Court of Appeals, on which AliKhan had contributed.

The transition of administrations from Trump to Biden saw a shift in the DOJ's approach. Informed by the opinion from the D.C. Court of Appeals which of AliKhan was a part, the Biden DOJ conceded that the former president could, in fact, be held liable for defamation, marking a significant legal pivot.

Political Repercussions and Partisan Voting

Back in the Senate, the vote exhibited notable partisan divides. All Democratic senators supported AliKhan's confirmation except for Sen. Joe Manchin from West Virginia, showcasing the complex political dynamics at play.

Manchin’s vote against AliKhan reflects the deeply entrenched partisan lines and possibly personal or political convictions that diverge from his party’s stance on this judicial confirmation.

The division in the Senate underscored the contentious nature of judicial appointments, which not only determine legal but also political trajectories in the U.S.

Implications of AliKhan’s Confirmation

Judge Loren AliKhan’s confirmation to a lifetime position on the federal bench is a significant milestone in her career and a notable development in U.S. judiciary history.

Her prior involvement in the decision that potentially paves the way for holding a former president liable in a defamation case adds a layer of complexity and significance to her role on the bench.

The overarching implications of this confirmation extend beyond immediate legal frameworks, influencing how justice is perceived and administered at the intersection of law and politics in America.

Conclusion and Recap of the Historical Vote

In conclusion, Vice President Kamala Harris's record-breaking tie-breaking vote on Dec. 5, 2023, confirmed Judge Loren AliKhan to the U.S. District Court for the District of Columbia.

AliKhan had previously been part of a critical appeal ruling that influenced an ongoing defamation lawsuit against former President Donald Trump.

The partisan divide in the Senate, highlighted by the dissent of a Democratic senator, underscores the contentious nature of this confirmation.

AliKhan’s work prior to her confirmation and its implications in legal circles mark a pivotal point in her career and the broader spectrum of U.S. judicial proceedings.