The defamation lawsuit against Donald Trump will go ahead after the former president lost his appeal to try and prevent it.
Trump has always denied the claim and accused Carroll of making up the allegation to try to boost the sales of her book.
However, his appeal that the defamation lawsuit by the columnist should be stopped has since been denied by a federal judge.
On Wednesday, September 15, District Judge Lewis Kaplan rejected Trump’s request for a ‘stay’ of the judge’s ruling from the previous year, in a bid to try and prevent the lawsuit from continuing.
Kaplan put a minute entry on the court docket, reported The Independent, which marked his decision to refuse the former president’s appeal.
Trump has continued to deny Carroll’s claims that he raped her, justifying his denial by claiming that she isn’t his usual type and that she fabricated the allegation simply to increase the sale of her book, The Independent reported.
Carroll resultantly sued Trump for defamation.
However, despite being sued for defamation, the case will likely be dismissed due to Trump having been placed with the Department of Justice as the defendant. The department cannot be sued for defamation, according to The Independent.
Kaplan’s refusal of Trump’s bid to prevent the case from going ahead means that Carroll’s lawyers could issue subpoenas for documents, records and also a DNA sample from the former president. Evidence of which could substantiate the allegations of rape held against him.
Trump’s lawyers requested that proceedings be delayed until December 2020, so they could try and obtain the appeal. According to The Independent, it’s still not clear why Kaplan decided to refuse Trump’s appeal, as no written opinion or order has since been published.
However, despite Kaplan having rejected the appeal, due to having refused it ‘without prejudice’, Trump’s lawyers could make another attempt to stop the rape case from going ahead.
Roberta Kaplan, a lawyer representing Carroll, told CNN:
We’re looking forward to oral argument in our case before the Second Circuit […] In the meantime, we are reviewing Judge Kaplan’s order.
The court of appeals has subsequently had legal briefs filed in the second circuit.
Oral arguments will begin during the week beginning November 29.
If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 802 9999 between 12pm–2.30pm and 7pm– 9.30pm every day. Alternatively, you can contact Victim Support free on 08 08 16 89 111 available 24/7, every day of the year, including Christmas.
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