Trump deposition in rape-defamation lawsuit to remain sealed for now after judge delays order

In his order Monday, Kaplan wrote that Carroll’s lawyers had notified Trump’s attorneys on Dec. 19 that they were obliged by the practice of his judicial chambers to file within three days a letter explaining the need to seal or redact portions of Trump’s deposition.

Kaplan added that Trump, through his attorneys, “did not do so, and has made no effort to justify the continued sealing of his deposition.”

The judge then ordered the court clerk to unseal all of the portions of Trump’s deposition that were attached as an exhibit to Carroll’s filing in December.

Shortly after Kaplan’s order appeared on the public court docket, a letter from Trump’s lawyer Michael Madaio to the judge appeared there.

Madaio asked Kaplan for three days to file another letter opposing the unsealing of excerpts of Trump’s deposition.

Madaio wrote that after Kaplan issued an order last month in the case, he had believed that the burden was on Carroll’s lawyers to explain why unsealing the deposition transcript was necessary.

Kaplan endorsed Madaio’s request within hours.

Lawyers for Trump and Carroll did not immediately respond to requests for comment Monday.

The trial for Carroll’s first defamation lawsuit has been scheduled for April 10. It is not yet known if the second lawsuit will be handled as part of that trial, or separately.

The federal appeals court in Washington, D.C., is considering the question of whether the allegedly defamatory statements Trump made about Carroll when he was president were within the scope of his role at the White House at the time, as defined by local District of Columbia law. Justice Department attorneys have previously argued that answering media questions was part of his job as president and, therefore, exempt from defamation claims.

If the appeals court rules those statements were within the scope of Trump’s employment, it could end Carroll’s first lawsuit, absent a Supreme Court ruling in her favor.

But that would not affect her second lawsuit, which covers statements Trump made well after he left the White House.

Correction: The unaffected lawsuit in question was Carroll’s second one. An earlier version misstated the number.

Article source: https://www.cnbc.com/2023/01/09/judge-orders-unsealing-of-part-of-trump-deposition-in-rape-defamation-suit.html