A federal judge has rejected former president Donald Trump’s attempt to “pause” his deposition in a defamation lawsuit scheduled for later this month, saying Trump’s efforts to delay the case are “inexcusable.”
Trump is scheduled to be deposed under oath on October 19th in the defamation lawsuit brought by E. Jean Carroll, the former Elle magazine advice columnist and author who accused Trump of raping her in a Bergdorf Goodman’s dressing room in Manhattan in the mid-1990s.
Trump has denied the allegations while doing all he can to delay appearing in court. Carroll sued Trump for defamation in 2019 after he denied raping her by saying that she “wasn’t his type” and accused her of fabricating the claim to boost sales of her book.
Judge Lewis Kaplan said the lawsuit wasn’t over yet, and as they wait for a federal appeals court to rule on a key element of the case, “completing those depositions – which have already been delayed for years – would impose no undue burden on Mr. Trump, let alone any irreparable injury,” he wrote.
BAM! @kaplanrobbie strikes another blow for women who dare to speak up!
"We are pleased that Judge Kaplan agreed with our position not to stay discovery in this case. We look forward to filing our case under the Adult Survivors Act and moving forward to trial with all dispatch." https://t.co/MdRu76KQY6
— E. Jean Carroll (@ejeancarroll) October 12, 2022
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The judge said that Carroll would face “substantial injury” from further delay, citing the lengthy appeal process, which has already taken 20 months and is still not over, and the ages of Carroll and Trump, who are both in their 70s. Carroll’s deposition is scheduled for this Friday.
REMEMBER! The DOJ did not have to take the case.
They DECIDED to use your tax dollars to defend Trump.
The brief was written by four dudes . . . to protect other dudes . . . who were hysterical and terrified they might be taken to court by a woman.https://t.co/HFroU0lI1a
— E. Jean Carroll (@ejeancarroll) June 10, 2021
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Judge Kaplan noted Trump’s efforts to delay the lawsuit and said his production of “virtually” no documents was “inexcusable.”
Now: A NY federal judge denied Donald Trump's bid to delay discovery in writer E. Jean Carroll's defamation case — incl. his scheduled deposition — while his appeal is pending.
Trump "should not be permitted to run the clock out…"
More to come.https://t.co/ri9QlROj22 pic.twitter.com/y8iCQhpmk2
— Zoe Tillman (@ZoeTillman) October 12, 2022
“The defendant should not be permitted to run the clock out on plaintiff’s attempt to gain a remedy for what allegedly was a serious wrong,” Judge Kaplan wrote. The judge said the question of whether Trump raped Carroll is “paramount” to the current case and the future lawsuit and stopping the deposition now because it could be used in the future “would make no sense.”
This is E. Jean Carroll, whom Trump responded that he couldn't have raped because she's "not his type." Should be an interesting depo. https://t.co/mkyqUnz2hS
— Laura Bassett (@LEBassett) October 12, 2022
Carroll’s attorney, Robbie Kaplan (no relation to the judge), had suggested that Trump wanted to stop his deposition after learning that she intends to sue him in November under a new New York state law that allows victims of sexual assault to sue years after the encounter.
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BREAKING: Court denies Trump's attempt to stop discovery and document production — and his deposition under oath, scheduled for Oct 19 — in E. Jean Carroll's defamation lawsuit against him.
Depo will likely including questioning on whether Trump raped Carroll, as she alleges.
— Tristan Snell (@TristanSnell) October 12, 2022
The Justice Department, under both the Trump and Biden administrations, is siding with Trump in arguing that the US government should be substituted for Trump as a defendant, a move that would have the effect of forcing the defamation case’s dismissal. Late last month, a federal appeals court opened the door to allow the DOJ to shield Trump for his conduct while in office.
Molly!! THANK YOU!!
— E. Jean Carroll (@ejeancarroll) October 12, 2022
However, the federal appeals court in New York asked the DC appeals court–which has yet to take up the matter–to determine if Trump was acting within the scope of that employment when he made the allegedly defamatory statements. If the DC court finds that Trump was acting within his role, then the Justice Department would likely be substituted as a defendant.
Follow Tara Dublin on Twitter @taradublinrocks.
