e. The trial, filed by Jean Carroll, is set to begin Tuesday.
If former President Donald Trump doesn’t want to attend his hearing next week, writer E. A federal judge ruled Thursday that Jean Carroll’s attorney could not refer to the “burdens” New York could avoid if she were charged with defamation. city.
Trump lawyer Joe Tacobina had asked the judge on Wednesday that if Trump did not appear in Lower Manhattan, it would “avoid a logistical and financial burden on New York City, its residents and the court.” .”
Judge Louis Kaplan, who is presiding over Carroll’s case against Trump, said Thursday that it was Trump’s decision whether to attend or testify at the hearing and that Trump had “ample time” to make the necessary arrangements.
“Furthermore, the court notes from Mr. Trump’s campaign website and media reports that he will speak at a campaign event in New Hampshire on April 27, 2023, the third day of the case’s scheduled trial. Kaplan said in his ruling. “If the Secret Service can protect him at that event, of course. The Secret Service, the Marshals Service and the City of New York will be able to see to his protection in this highly secure federal court.”
Kaplan said it was premature to say anything about Trump’s presence or absence on the jury.
“If he doesn’t want to appear or testify, his attorney can renew the request,” Kaplan said. “Meanwhile, there should be no reference to the alleged burdens that Mr. Trump’s counsel may wish to testify before a grand jury or trial jury, or any burdens that may have spared the New York City court.”
In her lawsuit, brought in November, Carroll alleges that Trump called her a liar and defamed her when she denied claims he sexually assaulted her in a department store dressing room in the 1990s. She added the charge of battery under a recently adopted New York law that allows adult survivors of sexual abuse to sue their attacker regardless of the statute of limitations.
A judge last week denied Trump’s bid to delay the start of the trial, which had been scheduled for Tuesday in New York.
Trump has repeatedly denied Carroll’s allegations.
Carroll’s attorney on Wednesday rejected Dacopina’s request, writing in a separate letter that “the notion that Mr. Trump will not appear to show some kind of favor to New York City — and the jury should be instructed — taxes the credulity of non-believers.”
The judge had given Trump until the end of Thursday to let the court know if he would attend the trial, but Dacopina said in a letter to the court Thursday afternoon that Trump would make that decision while the trial is ongoing. .
“Because the decision of the defendant, who is not required to appear as a civil lawyer, will be made during the trial. We are not yet in a position to advise the court on this,” Dagopina said. “However, we will notify the court once a decision is reached, particularly in light of the logistical concerns that must be addressed in coordination with the Secret Service, the Marshals Service and New York City.”
“Your consideration on this matter is greatly appreciated,” Tacobina said in the letter.
