Former US President Donald Trump will have to appear physically for a deposition and testify under oath next week after a US District Judge rejected his request in a rape defamation lawsuit.
“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,” said Judge Lewis A. Kaplan while rejecting Trump’s lawyer’s request.
“Mr. Trump has conducted extensive discovery of the plaintiff, yet produced virtually none himself. Given his conduct so far in this case, Mr. Trump’s position regarding the burdens of discovery in this case is inexcusable,” the judge added.
Reportedly, the case pertains to E. Jean Carroll, a writer who alleged that Trump raped him in a dressing room at the Bergdorf Goodman department store in late 1995 or early 1996.
Carrol filed the lawsuit in November 2019 after Trump, who was in his third year of office at the time, told a reporter that Carroll made up the rape accusation and that he did not know her and “she’s not my type”.
Trump has denied raping Carroll and charged that she invented the allegation in order to promote her book.
Read more: Trump in trouble: Writer E. Jean Carroll plans new lawsuit after accusing Trump of rape
After the judgement, Trump’s lawyer Alina Habba said, “We look forward to establishing on the record that this case is, and always has been, entirely without merit.”
Trump’s side argued that he should have immunity under the Westfall Act. Under the said act, government employees are protected from civil lawsuits, if they are acting in their capacity as government officials.
If Trump was indeed acting within the scope of his duties as a federal employee, which his side claims, then the US government becomes the defendant in the case.
A 2nd US Circuit Court of Appeals had ruled last month that Trump was a federal employee when he made the comment but asked another court to decide if the statements occurred during the scope of his employment.
Meanwhile, Carroll’s attorney welcomed the ruling and said they will be filing a second lawsuit next month to seek damages for the alleged rape.
“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.”
(With inputs from agencies)
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