NEW YORK — A federal judge rejected Monday the efforts of former President Donald Trump to hide key evidence from his civil rape trial next year.
Manhattan Judge Lewis A. Kaplan ruled that key witnesses can testify, and that misogynistic comments Trump made in 2005 about women that he didn’t know were being recorded can be played to a jury that will hear quarter century-old rape claims made by a former columnist of a magazine.
The trial in the case brought by E. Jean Carroll is set to begin April 25. Both Carroll and Trump are expected testify.
Carroll stated in a 2019 memoir, that Trump raped her in a Bergdorf Goodman dressing room in mid-90s. This is an upscale Manhattan department shop. After a brief encounter, she said that it turned violent when they entered a small space and began to joke about each other’s desire to try on lingerie.
Trump repeatedly claimed that he had never met Carroll in the store and didn’t know her identity. He misidentified a photo of Carroll from decades ago as one of his ex wives during an October deposition.
Trump dismissed Carroll’s claims in the deposition and stated that “Physically, she’s not my kind.”
Kaplan had ruled previously that Trump’s remarks in an “Access Hollywood” tape could be used in a case Carroll brought before she filed the rape claim against Carroll in November. A temporary law allowed adult rape victims to sue abusers even though attacks occurred decades ago.
He also ruled two women, who had made claims of sexual abuse in similar circumstances to the ones alleged by Carroll, could testify at trial.
Just weeks before Trump’s victory in November 2016, the Access Hollywood tape was made public.
He said in the tape that he sometimes kisses beautiful women when he is near them. It’s like a magnet. Just kiss. He said, “I don’t even have to wait.” You can do everything,” even grabbing women between your legs.
He later apologized, saying that the comments were “locker-room banter” and had been recorded on a hot microphone.
The lawyers for Trump and Carroll had reached an agreement that the defamation case, which was filed in a separate suit, could be brought along with the rape claims. But the judge rejected Monday’s proposal. He stated that the defamation lawsuit could still be brought separately or not at all if Trump is successfully replaced by the Justice Department as a defendant.
Monday’s order by Kaplan stated that he would allow “Access Hollywood” tapes and the testimony of two other women who claim Trump assaulted them sexually to be admitted into the next month’s trial. This is in addition to his previous rulings in the defamation case.
He wrote, “There is no reason and Mr. Trump has not made any persuasive argument for me to rule otherwise.”
He said that he would allow two witnesses who were at the department store when the alleged rape occurred to testify. Trump’s lawyers objected saying they weren’t notified in time and they didn’t have a chance to question the witnesses.
The judge stated that Carroll’s lawyers had promptly notified the witnesses.
Roberta Kaplan was a Carroll lawyer, but she declined to comment. A Trump lawyer did not respond immediately to a request for comment.
