NEW YORK — Former President Donald Trump will answer questions under oath Wednesday as part of former columnist E. Jean Carroll’s defamation lawsuit.
Last week, a federal judge cleared the way for Trump’s testimony, saying the former president had already taken steps to delay the case and he “should not be able to time out.”
It’s not clear if Trump will answer questions if he’s removed from office by Carroll’s attorney.
Trump and Carroll’s attorneys declined to comment.
Carroll sued Trump for defamation in 2019 after he dismissed her claim that he raped her in a New York department store in the mid-1990s. She was due to testify last Friday.
The legal stakes for Trump recently increased when Carroll said she plans to sue him next month under a new New York state law that allows victims of sexual assault to sue years after the attack. His testimony in the defamation case could be used in a future court case.
The defamation case has been in legal limbo for over a year.
Trump and the Justice Department argued that Trump was a federal employee and that his statements, in which he disputed Carroll’s claims, were made in response to reporters’ questions while he was in the White House. They argued that the Justice Department should be replaced as the defendant, which would end the trial since the government cannot be sued for defamation.
Judge Lewis Kaplan ruled against Trump and the DOJ. You have appealed. Last month, a federal appeals court in New York ruled that Trump was a federal employee when he denied Carroll’s allegations of rape and sexual assault.
However, the federal appeals court asked the Washington, DC Court of Appeals to determine whether Trump acted within the limits of his employment when he made the allegedly defamatory statements. If the DC court rules in Trump’s favour, the Justice Department will likely be replaced as a defendant and the case dismissed. DC’s Court of Appeals has not yet taken up the matter, and it’s unclear if or when they will.
Earlier this year, Trump was asked by a New York state judge to testify before the New York Attorney General’s office. Trump refused to answer questions, invoking his Fifth Amendment right against self-incrimination.
Last month, the New York Attorney General’s office filed a $250 million lawsuit against Trump, his eldest children and the Trump Organization for allegedly defrauding lenders and insurers through false accounting. Trump has denied any wrongdoing and said the lawsuit was politically motivated.
If someone refuses to answer questions in civil proceedings, the jury may reach an adverse conclusion against the person in deciding their possible liability.
Last year, Trump sat for testimony for a civil lawsuit brought by protesters who claimed they were injured outside Trump Tower during his first presidential campaign. He is also expected to testify in another civil lawsuit related to a marketing campaign by the end of the month.
The CNN Wire
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https://6abc.com/e-jean-carroll-lawsuit-donald-trump-deposition-rape-allegation/12344940/ Former President Donald Trump scheduled to appear for deposition in E. Jean Carroll lawsuit