Trump set to be deposed in rape defamation lawsuit by writer E. Jean Carroll

Former U.S. President Donald Trump speaks at the Conservative Political Action Conference (CPAC) held at the Hilton Anatole on August 06, 2022 in Dallas, Texas. CPAC began in 1974, and is a conference that brings together and hosts conservative organizations, activists, and world leaders in discussing current events and future political agendas. 

A civil lawsuit accuses Donald Trump of defaming a writer after she accused him of rape.

A federal judge brushed aside arguments that a pending appeal in the lawsuit needed to be put on hold when he denied Trump's request to delay being questioned under oath.

The location and time of Trump's deposition were not immediately available.

A spokesman for Roberta "Robbie" Kaplan said they didn't have any information on the case.

A request for comment was not responded to by Habba.

The deposition was supposed to take place last Friday.

The case is going to be tried in February.

Even if that trial is put on hold, or canceled as a result of the pending appeal, there will be a lawsuit against Trump in New York state court under a new law that lifted the statute of limitations for claims of rape and sexual abuse.

In the planned suit, Trump could be used as a witness.

The deposition comes two months after Trump refused to answer questions under oath in a deposition for the New York Attorney General. Trump used his Fifth Amendment right against self-incrimination more than any other person.

James last month filed a lawsuit against Trump, his company, three of his adult children and others, accusing them of widespread fraud related to the company's business. At least $250 million in damages is being sought by James.

According to a New York magazine article, Trump raped a woman in a dressing room in a Manhattan department store in the mid 1990s.

At the time of the article, Trump was the president and he responded that the article was a lie.

Trump was sued for defamation.

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The case was transferred to the US District Court in Manhattan after the Justice Department took control of the case. The government had the power to take action because Trump was a government employee at the time, according to the department.

The lawsuit would be ended if the DOJ was allowed to do so. The doctrine of sovereignty allows the federal government to deny the right to file a lawsuit.

The DOJ's bid was rejected by the judge.

Kaplan said that the president is not an employee of the government.

Kaplan wrote that even if he were an employee, President Trump would not have been covered by his employment.

The DOJ filed an appeal.

Kaplan had ruled that Trump was acting as a government employee when he replied to the article. The appeals court asked its sister appeals court in Washington, D.C. to rule on whether Trump made statements that were within the scope of his employment.

The D.C. federal appeals court has not made a decision.

Kaplan said last week that Trump wasn't entitled to delay his deposition because he didn't have a good chance of success.

Kaplan wrote that there was reason to believe that Trump was continuing to delay the litigation and that the advanced age of both Trump and Carroll was a reason not to further delay the case.

Kaplan wrote that the defendants should not be allowed to run the clock out on the case.