After a federal appeals court made a preliminary finding that might derail the case, Donald Trump urged the court to pause the defamation lawsuit brought against him by New York writer E. Jean Carroll and postpone his deposition.
Part of Trump’s appeal over whether Carroll’s complaint is limited by legislation that broadly protects government employees from litigation connected to their job obligations was upheld last week. While the New York federal appeals court agreed with him that presidents are workers under the law, it sent the question of whether or not his allegedly defamatory words about Carroll constituted official duty to the highest court in Washington, DC.
On Monday, Trump’s attorney Alina Habba wrote to the district court judge to say that Carroll “has failed to make any tenable argument as to why this matter should proceed,” before addressing the issue of his comments.
Carroll wants to proceed with multiple depositions, including Trump’s, while the appeal is pending because she claims the former president assaulted her 20 years ago and then defamed her by denying it in 2019. Trump has denied assaulting her, therefore she wants to get a DNA sample from him to prove his innocence.
In a second letter to the court, Carroll’s attorney Roberta Kaplan argued that the lawsuit should move forward via the discovery process because her client had previously provided more than 30,000 pages of information sought by Trump, while the former president had provided “only eight.”
According to Kaplan, “hardly anything” was altered by the appellate court’s decision.
Habba termed that claim “asinine and patently untrue,” and said that the “parties have multiple depositions scheduled over the next two weeks.” Still, she did not specify who was slated to testify.
Trump has rejected allegations of attacking Carroll in a 1990s department shop changing room. She gave notice in a recent lower court filing that she intends to sue him under the Adult Survivors Act of New York, which will take effect in the coming months.
Court of Appeals for the Second Circuit of the United States, case number 20-03977, Carroll v. Trump (Manhattan).
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