In 2021, E. Jean Carroll hopes to face Donald Trump in person during her defamation case. It is very likely that Trump, who will once again be a civilian, will have to swear to tell the whole truth and nothing but the truth and face his accuser in court.
Carroll’s defamation suit against Trump is just one of several legal cases that Trump will be facing in the new year once protections that come with the office of president come to an end.
Carroll sued Trump last year after he publicly stated that she was lying when she stated that he raped her in the 1990s in a dressing room of a Manhattan department store.
Carroll says that she wants to be “face to face” with Trump when they swear him in for his deposition.
“He was in the dressing room, he was there. He knows it happened,” Carroll stated.
“All these suits fall into a category of cases that he was likely able to delay because he’s been president, and too busy,” said former federal prosecutor Jennifer Rodgers. “All of that now comes to a screeching halt.”
A lot of attention is being paid to the possible criminal prosecution of Trump by the Manhattan District Attorney Cyrus Vance. There is also a great possibility that Biden’s Justice Department will investigate and charge Trump in the new year.
Another issue Trump will most likely find himself facing in court is questions posed by women, which often rattles Trump.
Robbie Kaplan is a lawyer in three of the lawsuits against Trump. She is representing Carroll, a group of people who claim Trump and three of his children defrauded them, and the president’s niece, Mary Trump.
Mary Trump has filed a lawsuit claiming that Trump and his siblings defrauded her out of her fair share of the Family fortune.
Beth Wilkinson is the lawyer for Summer Zervos, a former “Apprentice” contestant. Zervos is also suing for defamation after Trump called her a liar when she publicly accused him of sexual assault.
Trump is well known for demeaning women and dodging questions asked by female journalists. Carroll stated that he will not be able to do that in a deposition.
“I saw him berate too many reporters for asking questions,” Carroll said. “I want to be in the room where by law he has to answer Robbie’s questions — he can’t berate her.”
Marc Kasowitz is the attorney that will represent Trump in both the Carroll and Zervos cases.
It is likely that Trump will try to push for another delay, but no longer being protected by the office of president the courts may be finished delaying court proceedings for him.
“He’s always kind of operated in a way that was pretty outside of the bounds of appropriate behavior,” Kaplan said of Trump’s approach to litigation. “There’s no question that the election cases took that a step further.”
Trump won’t have to worry about money for his legal cases. He reportedly raised over $170 million from supporters based on his false claims that the election was stolen from him.
Adav Noti, a senior director at the Campaign Legal Center and a former Federal Election Commission lawyer, says that it would be unprecedented but not impermissible for Trump to use that money to pay his legal bills in the suits like those brought by Carroll and Zervos.
“It’s hard to speculate when it comes to this president because so much of what he has done has been outside the standard procedure,” said Noti.
Kaplan says that Trump does not have any room left to maneuver in Carroll’s case. There is a slim chance that Trump could try to take the case to the Supreme Court, but his argument has already been rejected by a federal judge. Kaplan believes there is a very slim chance that the Justices will take up the case.
Zervos claims that Trump assaulted her on multiple occasions beginning in 2007. She believes that once Trump is out of office his immunity as president to state court lawsuits will be tossed as moot and her case can move closer to trial.
Kaplan adds that pre-trial discovery will also most likely resume in an unusual fraud suit she brought against Trump and his three eldest children. The case is based around the family’s endorsement of a trouble multilevel marketing company called ACN Opportunity LLC on the “Celebrity Apprentice.”
Plaintiffs in the case allege that they invested hundreds of thousands of dollars in ACN’s desktop video phone service. That phone service became obsolete with the advent of smartphones.
Mary Trump’s lawsuit alleges that Trump and two of his siblings lied to her about her stakes in the family business after her grandfather, Fred Trump passed away. She says that her family attempted to squeeze her out completely.
Kaplan adds that there is a good chance that not only will Trump have to face Carroll while he gives his deposition, but that he could be ordered to give a DNA sample to compare to a specimen found on the dress Carroll was wearing that day.
“It’s hard to see anything that would stop a jury trial on the merits,” she said.
Carroll says she can’t wait. “I am filled with energy and buoyancy to meet him in court,” she said. “It’s a terrible thing to be called a liar by the President of the United States.”