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Trump seeks to delay accuser's lawsuit
after she requests his DNA
E. Jean Carroll, who accused President Donald Trump
of assaulting her in the 1990s, is requesting DNA
as part of her defamation suit against him.
E. Jean Carroll at her home inWarwick, New York on June 21, 2019 President
Donald Trump's lawyers want to put the brakes on a lawsuit filed by an
advice columnist who has accused him of raping her in the 1990s and is
seeking his DNA as possible evidence.
Trump attorneys argued in legal papers this week that E. Jean Carroll's defamation suit and
"extensive and burdensome" information-gathering requests should be
delayed until New York's highest court rules on whether another woman
can proceed with a somewhat similar suit.
Carroll and the other woman, former "Apprentice" contestant Summer Zervos, claim Trump besmirched them by calling them liars after they, separately, accused him of sexual assault.
Zervos' case, Trump's lawyers have argued that an incumbent president
can't be sued in state courts, and they are asking the state high court
"That threshold issue should be decided" before Carroll's case goes any further, Trump lawyer Marc Kasowitz wrote.
If a court agrees, Carroll's suit would be on hold for months.
She questioned Trump's bid to hold off her case, asking Wednesday on Twitter: "What is Trump afraid of?"
Requests for comment were sent Thursday to her legal team and Trump's.
previous Trump lawyer tried unsuccessfully last month to get the case
dismissed or put on hold, though his arguments were different.
a longtime Elle magazine advice writer, alleged last year that Trump
raped her in a Manhattan department store dressing room in the
mid-1990s. She said it happened after they ran into each other by
chance and bantered about trying on a bodysuit.
Trump has said
Carroll was "totally lying" to sell a book she published last year. He
said he'd never met her, dismissing a 1987 social-scene photo of the
two and their then-spouses as a moment when he was "standing with my
coat on in a line."
Carroll said his remarks hurt her career by making readers reluctant to seek her advice.
She is seeking a DNA sample
from Trump to see whether it matches unidentified male genetic material
in skin cells on a dress that Carroll says she wore during the alleged
rape, didn't launder and has since worn only once — to a photo shoot
for a magazine story that aired her allegation last year.
a California restaurateur, was a 2006 contestant on the Trump-hosted
reality show "The Apprentice." A decade later, she became one of more
than a dozen women who came forward during Trump's presidential
campaign to accuse him of sexual assault or sexual harassment over the
Zervos alleged he subjected her to unwanted kissing and
groping when she sought career advice on two occasions in 2007, once in
his New York office and once at a California hotel where he was staying.
the campaign trail, Trump called all his accusers "liars" offering
"totally made-up nonsense to steal the election." He also issued a
statement denying Zervos' allegations and retweeted a message calling
them "a hoax."
Her suit said his comments sparked threats against her and her restaurant.
Appeals judges last month put the case on hold
until the state's highest court rules on Trump's argument that
presidents aren't subject to state court lawsuits while in office. The
delay came about three weeks before Trump was due to undergo sworn
The high court, called the Court of
Appeals, has set a May 11 deadline for both sides' legal filings. A
decision could take months longer.
Both Carroll and Zervos are
seeking damages and retractions of Trump's statements about them,
according to their suits. Zervos also wants an apology.
Associated Press generally does not identify people who say they have
been sexually assaulted unless they come forward publicly.