Jonathan Stempel

NEW YORK(Reuters) – On Tuesday, a U.S. judge indicated that Donald Trump might not allow E. Jean Carroll to countersue him. E. Jean Carroll was a writer who accuses Trump of raping his wife in the middle-1990s. She is suing Trump for defamation.

U.S. district judge Lewis Kaplan said that Trump might not have the right to claim Carroll’s suit violated a New York antiSLAPP law. Citing several other courts, Kaplan stated that federal courts had rejected similar laws.

Kaplan stated to Trump’s lawyer Alina habba that he doubts whether he has the right to act as he is. It seems inconsistent with the idea of futility. “It might not be how I resolve this matter.”

In a June 2019 book excerpt, Carroll, an ex-columnist for Elle magazine, claimed that Trump raped him in a Midtown Manhattan dressing room of the Bergdorf Goodman department shop.

After five months, she filed suit claiming Trump had defamed her. He told a reporter Carroll did not know him, and said that “she’s NOT my type.” She also accused Trump of fabricating the rape claims to sell his book.

New York’s anti SLAPP law (short for strategic lawsuits against the public participation) was enacted Nov. 2020.

This law was created to protect journalists from lawsuits filed by wealthy people to silence critics. The law’s application to Trump and other former officials is still unclear.

Kaplan asked Trump why he waited till January 14 months after New York’s law went into effect to invoke it. Carroll’s lawyers stated that this was a reflection of Trump’s tendency to delay the case.

Habba stated, “This is all about giving us the rights to litigate these matters.” “That is all that I am asking.”

Kaplan didn’t say when he would rule.

Both parties are waiting for a ruling from the U.S. Second. Circuit Court of Appeals, Manhattan, on Carroll’s suit to dismiss because Trump is not able to be sued.

That appeal saw the Biden Administration adopting a argument from Trump’s Justice Department that Trump was the defendant and that Trump is the government. It could spell doom for Carroll’s case.

Carroll’s lawyers are going to subpoena Trump and ask him about his DNA. They also want to compare it with Carroll’s dress during the alleged assault.

Carroll v Trump U.S. District Court Southern District of New York. 20-07311.