District Judge Lewis Kaplan on Wednesday wrote a minute post on the court document indicating that he denied Trump’s request for a “stay” in his sentence last year, which rejected Trump’s attempt to replace the Justice Department as the defendant – a move that would essentially kill the trial.
Judge Kaplan’s sudden decision revives the case, which has been on hold for almost a year while Trump and the Justice Department pursued an appeal. The verdict could pave the way for Carroll’s lawyers to pursue lawsuits for documents, records and a DNA sample from the former president to prove her allegations of sexual assault.
No written order or opinion was published, and it is not clear why Judge Kaplan denied the stay on Wednesday. Trump’s lawyers filed the first request to suspend all proceedings in December 2020, while it continued to appeal.
Kaplan denied the stay “without prejudice,” meaning Trump’s legal team can renew its efforts. They can also ask the Court of Appeal to suspend the proceedings.
In a statement, Carroll’s lawyer Roberta Kaplan said: “We look forward to oral arguments in our case before the other circuit … In the meantime, we are reviewing Judge Kaplan’s order.”
Lawyers for Trump could not be immediately reached for comment.
Legal summaries have been filed in the appeal and oral arguments are being presented to the Second U.S. District Court for the week of November 29.
Trump tried to get the Department of Justice to replace him as the defendant, which would result in the likely dismissal of the case because the federal government cannot be sued for libel.
Judge Kaplan did not agree, and Trump and the DOJ appealed. The DOJ, under both the Trump administration and the Biden administration, has claimed that Trump acted in the course of his tenure when answering reporters’ questions about Carroll’s allegations.