District Judge Lewis Kaplan wrote a minute on the court’s role on Wednesday that he rejected Trump’s request for a “stay” of his decision last year, which rejected Trump’s efforts to replace the ministry. Justice as a defendant – a decision that essentially kill the trial.
Judge Kaplan’s sudden decision revives the case, which had been on hold for nearly a year while Trump and the Justice Department appealed. The ruling could pave the way for Carroll’s attorneys to seek subpoenas for documents, files and a DNA sample from the former president to prove his allegations of sexual assault.
No written order or opinion has been issued, and it is unclear why Judge Kaplan refused the suspension on Wednesday. Trump’s lawyers initially requested a stay of all proceedings in December 2020, as he appealed.
Kaplan refused the stay “without prejudice,” meaning Trump’s legal team could renew their efforts. They could also ask the court of appeal to stay the proceedings.
In a statement, Carroll’s attorney Roberta Kaplan said: “We look forward to our case being argued in the Second Circuit. … In the meantime, we are considering Judge Kaplan’s order.”
Trump’s lawyers could not be reached immediately for comment.
Legal briefs have been filed in the appeal and oral argument is scheduled for the 2nd U.S. Court of Appeals for the week of November 29.
Trump sought to have the Justice Department replace him as a defendant, which would likely result in the dismissal of the case, as the federal government cannot be sued for libel.
Judge Kaplan disagreed and Trump and the DOJ appealed. The DOJ, under the Trump administration and the Biden administration, argued that Trump acted within the scope of his job when he answered the reporter’s questions about Carroll’s allegations.