Judge rules Trump must testify in rape accuser’s lawsuit next week

A federal judge has denied former President Trump’s motion to halt proceedings in a defamation lawsuit against him by a woman who accused him of rape while appeals in the case unfold, setting him up for an affidavit next. week.

United States District Judge Lewis Kaplan ruled on Wednesday that Trump’s argument fell short of the legal threshold required for a stay to be issued. Trump has been pushing for the United States to be substituted in E. Jean Carroll’s lawsuit against him because comments Trump made denying his claim and criticizing it occurred while he was president.

Carroll accused Trump of raping her in a Manhattan department store in the 1990s. Trump responded by accusing Carroll of lying and making comments criticizing her appearance.

Trump has requested that proceedings be halted in the defamation case Carroll filed in response while the DC Court of Appeals assesses whether Trump was acting in his official capacity as president when he criticized Carroll, but Kaplan ruled that Trump has not shown a likelihood. successful on the merits of your argument.

Kaplan wrote in his ruling that the court could rule either way on the issue, but Trump gave no reason for him to conclude the ruling will be in his favor.

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It also found that Trump failed to demonstrate a significant threat of irreparable harm if a stay is not established.

Trump had argued that he should be immune from suit under the Westfall Act, which protects government employees from civil lawsuits if they act in their capacity as government officials. But the question of whether Trump was acting in his capacity as president remains unresolved.

Kaplan also found that a suspension would cause Carroll irreparable injury. He said Trump appears to be trying to delay the case as long as possible, and it has now been 20 months since Kaplan initially denied Trump’s motion to substitute him for the United States in the suit.

“The defendant should not be allowed to time out the plaintiff’s attempt to obtain relief for what was allegedly a serious error,” Kaplan said.

Roberta Kaplan, an attorney for Carroll, said in a statement that they are satisfied with the ruling against Trump’s requested suspension. Roberta Kaplan said they also hope to file a lawsuit against Trump under New York’s Adult Survivors Act, a law that Gov. Kathy Hochul (D) signed in may to create a one-year window for those who experienced sexual assault to file civil lawsuits against their abusers, regardless of when the abuse occurred.

That window will open at the end of November.

Alina Habba, Trump’s attorney, said in a statement that Carroll’s case is baseless.

“We hope to establish on the record that this case is, and always has been, completely without merit,” he said.

Trump’s statement is now scheduled for next Wednesday.

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