Trump must sit to testify in E. Jean Carroll defamation trial, judge rules

Former President Donald Trump to answer questions under oath next week defamation suit Recorded by a writer who says he raped her in the mid-1990s, a judge ruled Wednesday.

US District Judge Lewis A. Kaplan rejected a request by Trump’s lawyers to delay the planned testimony. The statement is now set for October 19.

Judgment came in the suit brought by E. Jean Carroll, a longtime advice columnist for Elle magazine, who says Trump raped her in the dressing room of a Manhattan department store. Trump has denied this. Carol is to be introduced on Friday.

Trump’s lawyer Alina Habba said in a statement: “We look forward to establishing on record that this case is, and always has been, wholly without merit.”

Trump Columnist Sue
Columnist E. Jean Carroll leaves federal court Tuesday, February 22, 2022 in New York.

Larry Neumeister / AP

Carroll’s attorney, Roberta Kaplan, said she is pleased with the ruling and looks forward to filing new claims next month “and proceeding to trial with all remittances.”

Trump’s legal team has tried a number of legal tactics to delay the trial and prevent him from being questioned by Carroll’s attorneys, but Judge Kaplan wrote that it was time to move on, specifically Carroll, 78, and Trump, given the “advanced age” of 76. , and probably other witnesses.

“The defendant should not be allowed to run the clock on the plaintiff’s attempt to obtain a remedy for an alleged grave wrong,” he wrote.

Carroll’s lawsuit claims Trump damaged her reputation in 2019 when he denied raping her. Trump’s legal team is trying to crush the lawsuit by arguing that the Republican was doing his job as president when he denied the allegations, including calling his accuser “not my type.” rejected.

This is an important question because if Trump was acting within the scope of his duties as a federal employee, the US government would become a defendant in the case.

The Second US Circuit Court of Appeals last month said in a split decision that Trump was a federal employee when he commented on Carroll’s claims. But it asked another Washington court to decide whether Trump’s public statements took place during the course of his employment.

Judge Kaplan said Trump has repeatedly tried to delay the collection of evidence at trial.

“Given his conduct so far in this case, Mr. Trump’s position regarding the burden of discovery is unforgivable,” he wrote. “As this Court has observed previously, Mr. Trump has prosecuted this case since its inception in 2019 to this effect and perhaps with the aim of delaying it.”

The judge said that the collection of evidence for the trial had in fact been exhausted, except for the statements of Trump and Carroll.

“Mr. Trump has conducted an extensive search of the plaintiffs, yet has made virtually none of himself,” Kaplan said. “Fulfilling these statements – which have already been delayed for years – will not place any undue burden on Mr Trump, let alone any irreparable damage.”

The judge also said the statement could be useful when Carroll’s attorney filed a new lawsuit the following month under New York’s revival law, the Adult Survivors Act, asking him for damages for alleged rape without a statute of limitations. Permission to sue.

Whether the rape happened is central to the defamation claims as well as the anticipated new trial, the judge said.

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