U.S. District Judge Lewis Kaplan of the Southern District of New York on Tuesday rejected a motion from the federal government to substitute itself for President Donald Trump as the defendant in a defamation lawsuit, holding that Trump is not a government employee within the meaning of the Federal Tort Claims Act.

While the U.S. government could not be the defendant, the case is set to remain in federal court and will not return to Manhattan Supreme Court where it was first filed.

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