A federal judge denied former President Donald Trump's motion to stay a pending appeal in the defamation lawsuit brought against him by E. Jean Carroll.
Judge Lewis Kaplan also certified Trump's appeal of the court's denial of his motion for summary judgment was "frivolous" in a court filing on Friday.
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"Mr. Trump has not made any argument different from the points contained in his summary judgment briefing – all of which this Court has rejected – that would permit a determination that absolute presidential immunity is a nonwaivable question of subject matter jurisdiction," Kaplan wrote. "What is more, even if the Circuit were to disagree on that question, this Court already has determined also that Mr. Trump’s immunity defense would fail on the merits."
"He has not engaged with this Court’s analysis of either question and thus shown no likelihood of success on appeal. Accordingly, this Court certifies that Mr. Trump’s appeal is frivolous and therefore has not divested this Court of jurisdiction."
Trump's lawyers had filed a motion to stay the case pending the appeal in July, arguing they had shown a sufficient probability of success in getting the appeal and that Trump would suffer irreparable harm if the stay were not guaranteed.
Carroll filed the lawsuit against Trump in 2019 for allegedly defaming her by denying her claims that he had raped her at a New York City department store in the mid-1990s.
In a separate lawsuit filed by Carroll in 2022 and decided in May, a New York jury found Trump liable for defamation and sexual abuse against Carroll in civil court. Trump was not found liable for rape.
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The former president had attempted to file a counterclaim against Carroll alleging defamation for claiming Trump had raped her after a jury had found Trump not liable for rape, but Kaplan dismissed the counterclaim.
The 2019 lawsuit had been on hold after Kaplan denied a motion in April to merge this lawsuit and the one that was decided last month. The 2019 lawsuit is now expected to go to trial on Jan. 15, 2024, the same day as the Republican Iowa caucuses.