Trump Takes A Break From Sh*tposting About E. Jean Carroll To (Probably Not) Talk About Her Under Oath

// trump frown

(Photo by Win McNamee/Getty Images)

In November of 2019, advice columnist E. Jean Carroll sued then-president Donald Trump for defamation after he denied knowing her, called her sexual assault allegations against him a hoax, and implied that she was essentially too ugly to rape. And today, after three years of legal shenanigans, Trump was finally forced to sit for a deposition and answer those allegations under oath. Or not answer them, as the case may be, since he’s gotten quite a lot of practice taking the Fifth lately.

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-top-300x250" ); googletag.enableServices(); });

Trump tried everything to get out from under this suit, from ducking the process server, to claiming absolute immunity to civil process, to removing the case to federal court on the theory that defaming women is actually the president’s job. And he was able to push off the day of reckoning for a long time, but not forever.

How Today’s Challenges Are Forging Tomorrow’s Top GCs Sponsored How Today’s Challenges Are Forging Tomorrow’s Top GCs Join our expert panel on Oct. 20 for a deep dive into specific steps law departments can take to come out on top in the… From Wolters Kluwer and Above The Law

Indeed, he had a partial victory last month when the Second Circuit overruled US District Judge Lewis Kaplan’s finding that the president is not an employee of the federal government for purposes of the Westfall Act. The appellate panel certified the issue of whether Trump was acting within the scope of that employment when he made the disputed claims to the DC Court of Appeals for adjudication under DC employment law.

Naturally Trump’s lawyer Alina Habba demanded that discovery be delayed pending the DC Court of Appeals ruling. But the problem with making yourself an absolute nuisance for three straight years is that it tends to exhaust the patience of the court. And so Judge Kaplan was highly receptive to the argument of Carroll’s lawyer Roberta Kaplan (no relation) that, having received the benefit of agreeing to begin discovery while simultaneously refusing to make any disclosures himself, Trump was not entitled to delay the process further.

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-middle-300x250" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); googletag.enableServices(); });

Defendant has spent four months taking advantage of the very discovery process that he set in motion. He has obtained 30,469 pages of records from Plaintiff, obtained hundreds more pursuant to nonparty subpoenas, obtained 19 substantive interrogatory responses, and recently deposed a key nonparty witness. In contrast, Defendant produced just eight documents and four incomplete interrogatory responses; he otherwise stonewalled every document request and interrogatory, refused to turn over basic information about witnesses required by Local Civil 2 Rule 26.3(c)(3),1 and violated every deadline that applied to his discovery responses without any credible excuse for his failure. Throughout, Defendant has objected to discovery requests on the ground that it was “more practical” to obtain the information Plaintiff seeks at “a deposition”— and so Plaintiff finally had to schedule Defendant’s deposition for the first half of October.

Now that Defendant has benefited substantially from a discovery process that he actively set in motion—and now that he faces the prospect of his own deposition, having stonewalled every other discovery mechanism—he suddenly says that the continued pendency of a “case-dispositive” appeal changes everything. Nonsense.

Kaplan also pointed out that next month when New York’s new Adult Survivors Act goes into effect, Carroll intends to sue Trump on exactly the same set of facts, so “to assuage concerns about duplicative discovery, and to the extent it wasn’t already clear, Plaintiff agrees that any depositions in the present action may be used for Plaintiff’s forthcoming action, thereby promoting efficiency and obviating the need for do-overs.” Generous!

Sponsored From Equity Management to Liquidity: How Morgan Stanley at Work Is Supporting Top Law Firms Sponsored From Equity Management to Liquidity: How Morgan Stanley at Work Is Supporting Top Law Firms Read on to learn how empowering your clients with equity solutions can set them and their employees up for success. From Stephanie Wilkins 5 Reasons The Legal Work Experience Is Broken Sponsored 5 Reasons The Legal Work Experience Is Broken To find the right solutions, let’s break down exactly what’s wrong today. From Filevine and Above The Law How Today’s Challenges Are Forging Tomorrow’s Top GCs Sponsored How Today’s Challenges Are Forging Tomorrow’s Top GCs Join our expert panel on Oct. 20 for a deep dive into specific steps law departments can take to come out on top in the… From Wolters Kluwer and Above The Law 5 Reasons The Legal Work Experience Is Broken Sponsored 5 Reasons The Legal Work Experience Is Broken To find the right solutions, let’s break down exactly what’s wrong today. From Filevine and Above The Law

And in the main, Judge Kaplan agreed. In an order last Wednesday which could generously be described as terse, the court noted that “Mr. Trump has litigated this case since it began in 2019 with the effect and probably the purpose of delaying it.” Observing the apparent irony of Trump — who insists that he is not a party to the case because the government is the proper defendant — arguing for delay when the government takes no such position, the court reminds the defendant that removal to federal court may be automatic, but substitution of the government as defendant is not. And unless and until either the DC Court of Appeals rules that his conduct was within the scope of employment, Trump himself remains the actual defendant in this case.

And Trump himself remains … Trump himself. Hence this truly vile statement he published last week reiterating all his prior allegedly defamatory statements accompanied by a recent picture of Carroll to prove that she’s not his type.

This “Ms. Bergdorf Goodman” case is a complete con job, and our legal system in this Country, but especially in New York State (just look at Peekaboo James), is a broken disgrace. You have to fight for years, and spend a fortune, in order to get your reputation back from liars, cheaters, and hacks. This decision is from the Judge who was just overturned on my same case. I don’t know this woman, have no idea who she is, other than it seems she got a picture of me many years ago, with her husband, shaking my hand on a reception line at a celebrity charity event. She completely made up a story that I met her at the doors of this crowded New York City Department Store and, within minutes, “swooned” her. It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years. And, while I am not supposed to say it, I will. This woman is not my type! She has no idea what day, what week, what month, what year, or what decade this so-called “event” supposedly took place. The reason she doesn’t know is because it never happened, and she doesn’t want to get caught up with details or facts that can be proven wrong. If you watch Anderson Cooper’s interview with her, where she was promoting a really crummy book, you will see that it is a complete Scam. She changed her story from beginning to end, after the commercial break, to suit the purposes of CNN and Anderson Cooper. Our Justice System is broken along with almost everything else in our Country. Her lawyer is a political operative and Cuomo crony who goes around telling people that the way to beat Trump is to sue him all over the place. She is suing me on numerous frivolous cases, just like this one, and the court system does nothing to stop it. In the meantime, and for the record, E. Jean Carroll is not telling the truth, is a woman who I had nothing to do with, didn’t know, and would have no interest in knowing her if I ever had the chance. Now all I have to do is go through years more of legal nonsense in order to clear my name of her and her lawyer’s phony attacks on me. This can only happen to “Trump”!

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-bottom-300x250" ); googletag.enableServices(); });

Nice, huh?

But as Barb McQuade, the former US Attorney for the Eastern District of Michigan, pointed out to Vice, there’s no arguing that this statement screeched out from his golf cart was part of Trump’s official presidential duties. So if Carroll decides to amend her complaint to add Trump’s recent ranting, he just blew up his entire defense. Womp womp.

Sponsored Relocating As A Biglaw Lateral Associate: An FAQ Sponsored Relocating As A Biglaw Lateral Associate: An FAQ There are associates that want to stay in Biglaw, but for personal reasons they need to relocate to another major legal market. Here are answers… From JASON MCCANN, ESQ. at GRIDLINE SEARCH + CONSULTING Winning Beyond 2022: A Midsize Firm’s Guide Sponsored Winning Beyond 2022: A Midsize Firm’s Guide ‘Business as usual’ is no more. Read on for ways to shore up the long-term viability of your firm. From Wlim

Carroll v. Trump [Docket via Court Listener]

Liz Dye lives in Baltimore where she writes about law and politics.

Topics

Defamation, Donald Trump, Government


Introducing Jobbguru: Your Gateway to Career Success

The ultimate job platform is designed to connect job seekers with their dream career opportunities. Whether you're a recent graduate, a seasoned professional, or someone seeking a career change, Jobbguru provides you with the tools and resources to navigate the job market with ease. 

Take the next step in your career with Jobbguru:

Don't let the perfect job opportunity pass you by. Join Jobbguru today and unlock a world of career possibilities. Start your journey towards professional success and discover your dream job with Jobbguru.

Originally posted on: https://abovethelaw.com/2022/10/trump-takes-a-break-from-shtposting-about-e-jean-carroll-to-probably-not-talk-about-her-under-oath/