NY – Ex POTUS Donald Trump, sued by E. Jean Carroll, DT found liable re sexual assault, $5M award, countersuit dismissed, appeal rejected, 2023

Meanwhile, the District of Columbia Court of Appeals released a written opinion Thursday providing additional legal insight that the 2nd U.S. Circuit Court of Appeals can use to decide if the United States can be substituted for Trump as the defendant in a defamation lawsuit Carroll filed before her November rape lawsuit.

The 2nd Circuit had asked the D.C. court to provide insight into a law addressing when an employer should be liable for the actions of its employee.

The D.C. court said it lacked facts to recommend whether it believed that allegedly libelous statements Trump made after Carroll's rape claims became public fell within the scope of his employment as president.

It did attempt to clarify the law, though it noted that most of its case law on the subject pertained to disputes over whether law enforcement individuals could be held personally liable.

The defamation lawsuit eventually will be dismissed if the United States is substituted as a defendant, and a trial might become unnecessary otherwise because the November rape lawsuit also contains a defamation claim against Trump.


Substituting the United States as the defendant in place of Trump feels like some kind of blasphemy. It is absolutely offensive to the American people.

I know that the T-team is throwing everything they've got at the justice system in order to delay the trial, but this crosses the line and is disgusting. jmo
 
In a new filing on Friday, Trump’s attorney Joe Tacopina reiterated his longstanding arguments that his client’s historic indictment for allegedly falsifying business records in paying hush money to Stormy Daniels requires a “cooling off” period.

Ah yes, everyone knows it's well established jurisprudence that any party gets to delay a trial for the long held precedent of the "cooling off" period. That'll work.
judge.gif
 

Lawyers for E. Jean Carroll, the author who accused Donald Trump of raping her in a dressing room at Bergdorf Goodman, secretly staged a test trial in a Manhattan hotel to determine how their upcoming civil case will play out with everyday New Yorkers, DailyMail.com can exclusively reveal.

After six hours of testimony last month, the 27 mock jurors were separated into three groups for deliberations.

Two out of three mock trials found Trump guilty.
 
This site is an excellent resource for tracking the many Criminal and Civil cases against Trump. It is continually updated. Just Security Org. is based at the Reiss Center on Law and Security at New York University School of Law.

Well, he’s lucky he’s got a lot of lawyers or he’d never have time for golf or campaigning! IMO
 
This site is an excellent resource for tracking the many Criminal and Civil cases against Trump. It is continually updated. Just Security Org. is based at the Reiss Center on Law and Security at New York University School of Law.

This site boggles my mind! So much litigation related to Trump.
 
For the foregoing reasons, Mr. Trump's request to adjourn the trial (Dkt 106) is denied.The trial will commence on April 25, 2023. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/17/23)

Mr. Trump seeks a month-long postponement of the April 25, 2023 trial.1 He does so
on the theory that such a “cooling off” period following the media coverage of Mr. Trump’s indictment on New York State charges of falsification of business records is essential in order to select a fair and impartial jury in this civil case for alleged rape and libel.

There is no justification for an adjournment. This case is entirely unrelated to the state prosecution. The suggestion that the recent media coverage of the New York indictment – coverage significantly (though certainly not entirely) invited or provoked by Mr. Trump’s own actions – would preclude selection of a fair and impartial jury on April 25 is pure speculation. So too is his suggestion that a month’s delay of the start of this trial would “cool off” anything, even if any “cooling off” were necessary…

"oth cases do indeed have something to do with 'sex.' But the 'something' that each has to do with it is dramatically different."


 

A federal judge on Monday denied for a second time former President Donald Trump's request to delay an assault and defamation trial set to begin next week in New York.

Trump's attorneys asked for the delay, saying a "cooling off" period is necessary to obtain a fair and impartial jury given the media attention around Trump's indictment on charges he falsified business records to cover up a hush money payment made to silence a past affair, which he denies.

Judge Lewis Kaplan said it was "pure speculation" that the attention around the indictment, which was "significantly (though certainly not entirely) invited or provoked by Mr. Trump's own actions," would affect the ability to select a jury.

Trump's attorneys had suggested there should be a one month delay because both the indictment and the trial allegations involve "sexual misconduct."

The judge said to suggest the "heart of the litigation" is the same "is just wrong." He also noted this appeared to be another delay tactic by the Trump legal team.

"It does not sit well for Mr. Trump to promote pretrial publicity and then to claim that coverage that he promoted was prejudicial to him and should be taken into account as supporting a further delay," the judge added.

Any bias, Kaplan wrote, would be rooted out during jury selection, which would likely include questions as to whether they are aware of Trump's legal troubles.

Kaplan rejected another request to delay the trial after Trump's legal team said they had recently learned that a billionaire donor to Democratic causes has funded some of Carroll's litigation. The judge said he will allow Trump's lawyers to ask Carroll limited questions about the payments in a narrowly tailored pre-trial deposition. He did not rule whether those questions would be permitted at trial.
 

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