Writer E Jean Carroll to file new lawsuit after accusing Trump of rape | New York
E Jean Carroll, the writer who accused Donald Trump of raping her more than two decades ago, is considering filing a new lawsuit against the former US president.
In a letter released Tuesday, an attorney for the former Elle magazine columnist said she plans to sue Trump for assault and battery and intentional infliction of emotional distress under New State’s Adult Survivors Act. York.
The law, recently signed by Governor Kathy Hochul, gives adult accusers a year to file a civil suit for alleged sexual misconduct, regardless of when it occurred.
Trump denied raping Carroll and accused her of concocting the rape allegation to sell her book.
Carroll’s attorney, Roberta Kaplan, said her client plans to sue Trump on November 24, when the state law takes effect, and that Carroll’s existing defamation claims and case against Trump could be tried together in February 2023.
Alina Habba, a lawyer for Trump, said the former president “categorically” opposed combining the two cases, which would happen after both sides finish gathering evidence for the trial, and that it was “extraordinarily damaging” to add the new allegations.
“Allowing Plaintiff to radically alter the scope and subject matter of this case at this time would seriously impair the rights of Defendant,” Habba wrote. “Plaintiff’s claim should be disregarded in its entirety.”
Carroll accused Trump of raping her in the dressing room of upscale Manhattan department store Bergdorf Goodman. She sued him in 2019 while he was in office, claiming he slandered her by denying her allegation that he raped her in a New York department store in the 1990s. said she was “totally” lying and was “not my type”, among other remarks.
Trump argued that he was shielded from trial by a federal law that grants government employees immunity from defamation suits. The case remains ongoing.
Carroll told The Guardian in a 2019 interview that she had started keeping a loaded gun next to her at night since speaking out.
Carroll’s attorney, Kaplan, said she now wants Trump to testify under oath during a deposition, to better understand his “theory of the case”, although she said in February that a testimony would not be necessary.
Carroll’s attorneys said they wanted to obtain a DNA sample from Trump to match against a dress Carroll claimed to have worn during the alleged rape.
Kaplan’s letter is dated August 8 and Habba’s is dated August 11, although both were not made public until Tuesday afternoon.
Trump is facing a series of legal disputes and investigations, including over his efforts to annul the 2020 U.S. presidential election and his refusal to hand over government documents after leaving the White House.
In August, Trump invoked his constitutional right against self-incrimination more than 400 times during a deposition with New York Attorney General Letitia James, who is leading a civil investigation into the Trump Organization’s business practices.
Trump and Carroll are still awaiting a decision from the Manhattan Federal Court of Appeals on whether Carroll’s defamation case can proceed.