District Judge Lewis Kaplan wrote a minute on the court’s roster on Wednesday that he was rejecting Trump’s request for a “stay” of his decision last year, which rejected Trump’s efforts to replace the ministry. Justice as a defendant – a decision that essentially kill the trial.
Judge Kaplan’s sudden ruling revives the case, which had been on hold for nearly a year as Trump and the Justice Department appealed. The ruling could pave the way for Carroll’s attorneys to seek subpoenas for documents, files and a DNA sample from the former president to prove his allegations of sexual assault.
Carroll accused Trump of raping her at a New York department store in the mid-1990s. Trump denied the claims, saying Carroll was not her type and that she fabricated the allegation to increase sales of his book. Carroll sued Trump for libel.
No written order or opinion has been issued, and it is not clear why Judge Kaplan refused the suspension on Wednesday. Trump’s lawyers initially requested a stay of all proceedings in December 2020, as he appealed.
In a statement, Carroll’s lawyer Roberta Kaplan said: “We look forward to oral argument in our case in the Second Circuit. … In the meantime, we are considering Judge Kaplan’s order. “
Trump’s lawyers could not be reached immediately for comment.
Legal briefs have been filed in the appeal and oral argument is scheduled for the 2nd U.S. Court of Appeals for the week of November 29.
Trump has sought to have the Justice Department replace him as a defendant, which would likely result in the dismissal of the case, as the federal government cannot be sued for libel.
Judge Kaplan disagreed and Trump and the DOJ appealed. The DOJ, under the Trump administration and the Biden administration, argued that Trump acted within the scope of his job when he answered the reporter’s questions about Carroll’s allegations.