Tuesday, November 29, 2022

The Fast Track

The District of Columbia Court of Appeals has released the January 2023 oral argument schedule with this first on the docket

Tuesday, January 10, 2023 10:00 AM

ENBANC

No. 22-SP-0745 DONALD J. TRUMP, ET AL. V. E. JEAN CARROLL

Mark R. Freeman, Esquire
Jason C. Greaves, Esquire

The Hill covered the story

The District of Columbia Court of Appeals on Tuesday said it would expedite former President Trump’s challenge of a defamation suit filed by writer E. Jean Carroll, who accused Trump of rape.

Carroll, a longtime columnist for Elle magazine, accused Trump of raping her in a New York City department store in the 1990s. She sued the former president for defamation three years ago after he dismissed her allegations against him and accused her of lying.

The D.C. Court of Appeals scheduled oral arguments for Jan. 10, according to a new filing obtained by Axios, to answer the specific legal question of whether Trump made the allegedly libelous statements against Carroll within the scope of his role as president of the United States.

In the complex series of legal moves that followed Carroll’s initial suit, Trump’s legal team attempted to dismiss and delay the case, and eventually to countersue Carroll for bringing the lawsuit against him in the first place.

The Justice Department then moved to step in and argue that Trump could not be sued in his personal capacity, since he made the statements during his tenure in the White House, and that the Justice Department should be substituted as defendant in the case.

The former president sat for his deposition in the case earlier this month after his legal team repeatedly attempted to delay the proceedings. 

All active judges on D.C.’s highest court will hear the January arguments before the trial reportedly scheduled for February, according to the filing.

“We are pleased that the DC Court of Appeals set an expedited schedule to determine the issue certified by the United States Court of Appeals for the Second Circuit. As we’ve said several times by now, we are eager to get to trial on all of E Jean’s claims as soon as possible,” Carroll’s attorney Robbie Kaplan said in a statement.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/11/the-fast-traack.html

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