District Judge Lewis Kaplan on Wednesday introduced a minute entry into the court dossier stating that he denied Trump’s request for “suspension” of his sentence last year, which he rejected Trump’s effort to replace the Department of Justice as defendant, a measure that essentially kills the lawsuit.
Judge Kaplan’s sudden decision revives the case, which has been suspended for nearly a year while Trump and the Justice Department filed an appeal. The ruling could pave the way for Carroll’s lawyers to request subpoenas for documents, records and a DNA sample from the former president to prove her sexual assault allegations.
No written order or opinion was issued and it is unclear why Judge Kaplan denied the stay on Wednesday. Trump’s lawyers initially requested the suspension of all proceedings in December 2020, while filing an appeal.
Kaplan denied the stay “without prejudice,” meaning Trump’s legal team could renew its effort. They could also ask the appellate court to stay the proceedings.
In a statement, Carroll’s attorney, Roberta Kaplan, said, “We are looking forward to an oral discussion in our case before the second circuit … In the meantime, we are reviewing Judge Kaplan’s order.”
Trump’s lawyers could not be contacted immediately for comment.
Legal appeals have been filed in the appeal and oral arguments are set forth for the 2nd Circuit Court of Appeals of the United States for the week of November 29th.
Trump tried to get the Justice Department to replace him as a defendant, which would lead to the likely dismissal of the case because the federal government cannot be sued for defamation.
Judge Kaplan disagreed and Trump and the DOJ appealed. DOJ, under the Trump administration and the Biden administration, has argued that Trump acted within the scope of his occupation when he answered the journalist’s questions about Carroll’s allegations.