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Federal Judge Denies Trump's Request To Stop Carroll Lawsuit From Moving Forward


A Federal Judge Overseeing, Columnist E. Jean Carroll's Defamation Lawsuit, against Trump, has Denied Trump's Request to Stop the case from moving Forward as they await an Appeals Court Decision.

District Judge, Lewis Kaplan, on Wednesday, entered a Minute Entry, on the Court Docket, indicating that he was Denying Trump's Request for a "stay" of his Ruling last year, which Rejected Trump's Effort to Substitute the Justice Department as the Defendant, a move that would essentially Kill the Llawsuit, because the Federal Government cannot be Sued for Defamation.

Judge Kaplan Disagreed, and Trump and the DOJ Appealed. DOJ, under both the Trump Administration and Biden Administration, has argued that Trump acted within the Scope of his Employment when he responded to Reporter's Questions about Carroll's Allegations.

Judge Kaplan's sudden Decision revives the Case, which has been On-Hold for nearly a year, while Trump and the Department of Justice (DOJ) pursued an Appeal.

Carroll has Accused Trump of Raping her in a New York Department Store in the mid-1990s.

The Ruling could pave the way for Carroll's Attorneys to pursue Subpoenas for Documents, Records, and a Trump DNA Sample, to Prove her Claims of Sexual Assault. Carroll says she has the Dress with Trump's sperm on it.

Trump has Denied the Claims, saying Carroll wasn't his type, and that she Fabricated the Allegation to Boost Sales of her Book. Carroll Sued Trump for Defamation.

No Written Order or Opinion was Published, and it is Not clear why Judge Kaplan Denied the Stay on Wednesday.

Trump's Lawyers made the Initial Request to Stay All Proceedings in December 2020, while it pursued an Appeal.

Kaplan Denied the Stay "without prejudice," meaning Trump's Legal Team could Renew its effort.

They could also ask the Appeals Court to Stay the Proceedings.

In a Statement, Carroll's Attorney, Roberta Kaplan said, "We're looking forward to oral argument in our case before the Second Circuit. ... In the meantime, we are reviewing Judge Kaplan's order."

Legal Briefs have been Filed in the Appeal, and Oral Arguments are set for the 2nd US Circuit Court of Appeals, for the week of November 29h.










NYC Wins When Everyone Can Vote! Michael H. Drucker


    
 
 


This post first appeared on The Independent View, please read the originial post: here

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Federal Judge Denies Trump's Request To Stop Carroll Lawsuit From Moving Forward

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