08 August 2020

Looming

Last year, prominent New York columnist Jean Carroll garnered considerable press attention when she said that Donald Trump raped her two decades ago. Trump responded by calling her a liar.

Calling someone a liar when they're telling the truth is slander, so Carroll promptly sued Trump in state court. As is typical, Trump first tried to have the case thrown out of court because he is the President.

That claim was rejected, so then Trump' lawyers tried to claim the suit should be delayed until after he leaves office. That would fly in the face of a Supreme Court ruling which held that a sitting President cannot delay a federal civil lawsuit.

Trump tried to make the distinction that state civil lawsuits could be delayed. Yesterday, the trial court threw that out, using the legal precedent very recently established by the Supreme Court which held that a sitting President is not immune from state legal actions (details here).

So now Trump will have to be deposed in the slander lawsuit. That means he'll be forced to answer questions under oath with a court reporter recording his words. (That will undoubtedly occur in Washington at the White House.)

To buttress her claim that she's telling a truth, Carroll says she has a dress with Trump's DNA on it. Thus, Trump will have to submit to a DNA test.

All of this may play out in the final weeks of the presidential campaign and the record in state civil actions is not sealed. So that potentially means some startling revelations that could come in the final days of the campaign.

Wouldn't that be a real shame if it all blew up in Trump's face just as people were voting early and by mail?

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