District Judge Lewis Kaplan filed a one-minute entry in court on Wednesday indicating that he was denying Trump’s request to “stay” his decision last year, which allowed Trump’s Justice Department to act as a defendant. Rejected an attempt to substitute as—a move that would essentially kill the trial.
Judge Kaplan’s abrupt decision revives the case, which has been hanging for nearly a year, while Trump and the Justice Department pursued an appeal. The ruling could pave the way for Carroll’s lawyers to issue summons for documents, records and DNA samples from the former president to prove their claims of sexual assault.
No written order or opinion was published, and it is unclear why Judge Kaplan denied an adjournment Wednesday. Trump’s lawyers made an initial request to halt all proceedings in December 2020 while it appealed.
Kaplan declined to remain “without prejudice,” meaning Trump’s legal team could renew its effort. They can also ask the appeals court to stay the proceedings.
In a statement, Carroll’s attorney Roberta Kaplan said, “We await an oral argument in our case before the Second Circuit. … In the meantime, we are reviewing Judge Kaplan’s order.”
Trump’s lawyers could not immediately be contacted for comment.
Legal briefs have been filed in appeals and oral arguments are scheduled for the second US Circuit Court of Appeals for the week of November 29.
Trump sought to replace the Justice Department as the defendant, which would result in a possible dismissal of the case because the federal government cannot be sued for defamation.
Judge Kaplan disagreed, and Trump and the DOJ appealed. The DOJ, both under the Trump administration and the Biden administration, have argued that Trump acted within the scope of his employment when he answered reporter questions about Carroll’s allegations.
Credit : www.cnn.com