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A federal appeals court in NY returned on Friday the initial case of E. Jean Carroll against the former president Donald Trump to a district court judge, who had previously decided that Trump did not act within the scope of his employment as president when he denied Carroll’s rape accusation and allegedly defamed her.
Carroll, a former Elle columnist who alleges Trump attacked her in the dressing room of the luxury department store Bergdorf Goodman in the 1990s, claims that Trump slandered her in 2019 when, during his presidency, He denied her rape accusation by calling her a liar and saying “she’s not my type.”
At the end of 2022, Carroll added a new charge for injuries derived from the alleged rape to that lawsuit, opening a legal period in New York to seek civil justice in cases related to sexual violence that until then were considered prescribed.
Trump’s lawyers had alleged that, Since your client is holding the position of President of the United States, it should be the Department of Justice who responded to the complaint y no Donald Trump.
But The Court of Appeals has decided today that it will not rule on the issue and has returned the case for consideration to the New York judge who is presiding over the process, Lewis Kaplan, who has already rejected the motion of the ex-president’s defense.
Kaplan already decided that there are no reasons that justify the government being the defendant instead of Trump.
On April 17, the judge again rejected a new request for postponement of the process, which is scheduled to begin on April 25, requested by Trump’s defense.
Trump’s attorney, Joseph Tacopina, had requested postpone the beginning of the process for a month with the aim of “calming the waters” after the commotion caused in the city when the former president appeared before a judge on April 4, accused of falsifying commercial documents.
For Tacopina, this period was necessary to favor a fair and impartial jury selection, especially after the great media coverage around said case that is being followed in the Supreme Court of the state of New York.
“There is no justification for its postponement. This case has nothing to do with the state process,” Judge Lewis Kaplan wrote, adding that the “suggestion that recent media coverage of the indictment could hinder the selection of a fair and impartial jury on the 25th is pure speculation.”
Furthermore, in its decision it stated that the media coverage of said event was a “significant or entirely” consequence of the “invitation or provocation” of Trump himself.
Keep reading:
–Trump is due to face trial in New York next week
– Trump runs into a judge who rejects his requests for trial that begins on April 25
– Judge in Trump defamation rape case allows jury to see “Access Hollywood” tape as evidence