A judge on Wednesday rejected former President Donald Trump's request to delay answering questions under oath next week in a federal lawsuit accusing him of defaming a writer when he claimed she lied and was motivated by money.
Judge Lewis Kaplan denied Trump's request to replace the U.S. government with him in the case because of the alleged defamation of an author.
Kaplan said it was a second bite at that apple. He denied the Justice Department's motion to replace Trump on the same grounds.
If the government was replaced for Trump in the lawsuit, it would kill the case because the government would be protected from being sued without consent.
Even as a federal appeals court in Washington, D.C. weighs questions that could determine whether her lawsuit can proceed, Kaplan's ruling in Manhattan federal court set the stage for Trump to be deposed.
A deposition is scheduled for Friday. She wrote in a New York magazine article that Trump raped her in a dressing room at Bergdorf Goodman in the mid 1990s.
A number of women have accused Trump of sexual harassment. Trump has denied all of the accusations.
The defamation case could go to trial in February if the appeals court rules in favor of the defendants.
Kaplan had previously ruled that Trump was not acting as an employee of the U.S. government when he denied the accusation. She was accused of making up the rape claim to sell her book.
Trump's lawyers tried to argue that the government was the case's defaulter.
The Washington appeals court was asked by the New York appeals court to determine if Trump made the statement in the scope of his employment. The D.C. appeals court hasn't made a decision.
Kaplan said in Wednesday's ruling that Trump has not shown a required "strong likelihood of success" in that appellate process to warrant further delays in the case. The judge said that delaying the case would cause a lot of harm to the person.
The Court noted in an earlier opinion that thedefendant's litigation tactics have had a dilatory effect, and that he is acting out of a strong desire to delay her case against him
The statute of limitations for rape and sexual abuse claims in New York have been lifted under the Adult Survivors Act, which was passed by the Legislature.
Kaplan noted in his ruling that Trump could be used in the state litigation.
Kaplan wrote that the question of whether Mr. Trump raped Ms. The new case will most likely be filed on November 24, 2022.
Evidence relating to the alleged rape is relevant to both cases.
The exchange of evidence and taking of depositions are referred to as discovery.
The judge said that Mr. Trump pointed to no discovery or other proceedings that would occur in this case without a stay.
Roberta Kaplan, who is not related to the judge, said in a statement that they are pleased that the judge agreed with their position not to stay discovery.
She said that they would be filing their case under the Adult Survivors Act.
The case has always been completely without merit, according to Trump's attorney.
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