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Federal judges reject Trump’s request to stop the E. Jean Carroll case from moving forward

Federal judges reject Trump’s request to stop the E. Jean Carroll case from moving forward

District Judge Lewis Kaplan entered a minute-long entry in the court document on Wednesday stating that he denied Trump’s request for a “stay” of his sentence last year, rejecting Trump’s efforts to replace the Justice Department as defendant – a move that would essentially kill the trial .

Judge Kaplan’s sudden decision revives the case, which has been withheld for nearly a year while Trump and the Justice Department pursued an appeal. The verdict could pave the way for Carroll’s lawyers to pursue subpoenas for documents, records and a DNA sample from the former president to prove her allegations of sexual assault.

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Carroll has accused Trump of raping her in a New York department store in the mid-1990s. Trump has denied the allegations, saying Carroll was not his type and that she made the allegation of increasing sales of her book. Carroll sued Trump for defamation.

No written order or statement was released, and it is not clear why Judge Kaplan denied the stay Wednesday. Trump’s lawyers made the first request to adjourn all cases in December 2020, while pursuing an appeal.

Kaplan denied the stay “without prejudice,” meaning Trump’s legal team could renew its efforts. They could also ask the Court of Appeal to adjourn the case.

In a statement, Carroll’s attorney Roberta Kaplan said: “We look forward to oral arguments in our case before the second circuit … In the meantime, we are reviewing Judge Kaplan’s ruling.”

Lawyers for Trump could not immediately be reached for comment.

Legal briefs have been filed in the appeal, and oral arguments have been set for the 2nd U.S. Circuit Court of Appeals for the week of November 29th.

Trump sought to have the Justice Department replace him as a defendant, which would result in the likely dismissal of the case because the federal government cannot be sued for defamation.

Judge Kaplan disagreed, and Trump and the DOJ appealed. The DOJ, under both the Trump administration and the Biden administration, has argued that Trump acted within his area of ​​responsibility when answering the reporter’s questions about Carroll’s allegations.

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