Trump seems to oppose E. Jean Carroll

E. Jean Carroll and Donald Trump

Former President Donald Trump Lawyers asked a federal judge on Tuesday to allow him to amend his answer to the rape accuser. E. Jean Carroll’s complaint to file a lawsuit.

Smearing the former president’s attorneys in oral arguments that lasted about an hour, the judge seemed inclined to dismiss that attempt.

“Why isn’t the modification useless?” Senior Judge of the United States Lewis Kaplan ask Trump’s lawyer Alina Habba at one point, leaving little doubt at the end of the question that he believes it is.

At the end of the Trump presidency, Carroll applied litigationinitially in state court, claiming that the then president smeared her by falsely denying that he had raped her in the locker room of the Bergdorf Goodman department store in the 1990s, but for For the better part of her life, the proceedings have revolved less around her allegation than whether case captions should Carroll sues Trump. The case went to federal court after the Justice Department intervened.

In late 2020, Judge Kaplan overturned the then Attorney General’s attempt Bill Barr’s The Ministry of Justice turned the case into Carroll sued the United States. The Justice Department announced that Trump was acting on his own as president in response to the sexual assault allegation by telling reporters, “She’s not my type.”

To the surprise of many, the Minister of Justice Merrick Garland’s The Department of Justice adopted the same position. The Second Circuit is currently reviewing the government’s position that it should replace Trump in the litigation.

Judge Kaplan refused to pause litigation until the appeals court issues an answer, leaving Trump as the defendant when the hearing begins on Tuesday.

Habba, fresh from a legitimate failure in her attempt to block the New York Attorney General By Letitia James (D) subpoenaed, facing another uphill battle in trying to launch a counterattack against Carroll.

Although Habba wanted to bring counterclaims under New York’s anti-SLAPP law — a statute designed to punish lawsuits aimed at stifling political speech — Judge Kaplan expressed doubt that State claims will go to federal court.

When Habba cites a few precedents in her favor, Kaplan interjects: “How many say?”

“It’s a lot,” replied the judge.

At one point during the hearing, Habba asserted that the proceedings were delayed because Trump was the sitting president. Kaplan scoffed at that assertion.

“You cannot sue when you are a sitting president,” the judge repeated his point, skeptically. “Are you kidding?”

Kaplan underscored one of his views on Habba by saying that “anyone who has attended law school will know” and even criticized the New York-based attorney’s lightning-fast delivery style. Jersey.

Kaplan told Habba: “If you speak any faster, it will simply be a blur.

Kaplan noted that if Trump were allowed to amend his response to press counterclaims under the state’s anti-SLAPP law and Carroll prevailed, Trump could owe her attorney fees.

Habba says she “completely understands” that.

“If that’s what happens, that’s what will happen,” Habba said.

Carroll’s attorney Roberta Kaplan called it “a bit ironic” that the party taking the case to federal court had filed a complaint about alleged “forum shopping”. Kaplan also noted that Trump has criticized First Amendment precedent New York Times sues Sullivan, which holds that those suing public figures for defamation must display genuine malice. One of the most important rulings for press freedom in the United States, precedent also imposes a high degree of success in suing any litigant for defamation in character-related cases. public, not just those involving reporters or news organisations.

As the parties settled the procedural issues, Kaplan insisted that her team took Trump’s DNA to check if it matched the genetic material she said was left on her dress at the time of the incident. case or not.

“We want to solve this case and we think that discovery will happen,” said Roberta Kaplan.

Judge Kaplan reserved a ruling on the motion.

[Images via Astrid Stawiarz/Getty Images for Glamour, MANDEL NGAN/AFP via Getty Images]

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https://lawandcrime.com/high-profile/former-president-trumps-legal-team-struggles-in-court-in-quest-to-countersue-e-jean-carroll/ Trump seems to oppose E. Jean Carroll

James Brien

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