Former Pres. Trump is scheduled to be deposed Wednesday as part of a defamation lawsuit brought by ex-columnist E. Jean Carroll, who claims he raped her in the 1990s.
In a ruling earlier this month, Judge Lewis Kaplan said it "would make no sense" to put off Trump's deposition in the defamation case just because its contents could be used in Carroll's future lawsuit.The decision also noted that Trump and Carroll "already are of advanced age" and said Trump "should not be permitted to run the clock out" on Carroll's lawsuit.
Yet the defamation lawsuit may go away on its own. The 2nd U.S. Circuit Court of Appeals ruled that Trump was an employee of the federal government when he denied Carroll's rape claim, and Trump has sought to have theIn this Feb. 22, 2022, file photo, columnist E. Jean Carroll leaves federal court in New York.The appellate court left open the question of whether Trump was acting within the scope of his employment when he allegedly defamed Carroll while denying her claim.
The 2nd Circuit asked the D.C. Court of Appeals, whose law governs the scope of conduct by government employees, to weigh in. "How the question ultimately will be resolved remains unknown," Judge Kaplan said. "In the meantime, substitution would be premature." An attorney for Trump, Alina Habba, said, "We look forward to establishing on the record that this case is, and always has been, entirely without merit."
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