Carroll lawyers deny Trump’s plea to keep woman he allegedly forcibly kissed off stand

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23 April 2023

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The lawyers for E. Jean Carroll issued a response to a request from Donald Trump that the judge presiding over their case, "clarify" one of his previous demands. Carroll's lawyer explained it's more like "reconsider."

Trump previously asked that Carroll be forced to nix Natasha Stoynoff from their list of possible witnesses. She is one of several other women that alleged Trump forcibly kissed them or physically assaulted them. Judge Lewis Kaplan already dismissed his claim. So, Trump sent another letter asking for "clarification."

"... we submit this letter in opposition to Defendant Donald J. Trump's motion purporting to 'request clarification' of the Court's decision concerning Natasha Stoynoff’s testimony," the letter said. "Trump does not really seek clarification of that decision, which was perfectly clear in admitting Stoynoff’s testimony and rejecting Trump’s grounds for seeking to exclude it. Instead, what Trump actually seeks is reconsideration of the Court’s ruling. But because he does so: (1) well after the reconsideration deadline lapsed; (2) in sole reliance on a document that he has possessed for over seven months; and (3) in disregard of the legal and factual grounds on which this Court admitted Stoynoff’s testimony, Trump's motion should be denied."

The two parties have already submitted their motions over the issue and, a little over a month ago, on March 10, Trump lost.

Carroll's lawyers explained that there is nothing that needs to be clarified.

"Instead, he effectively asks the Court to reconsider and vacate its decisions admitting Stoynoff's testimony, and to undertake voir dire questioning of Stoynoff before deciding whether her testimony may be admitted under Rule 415," the letter continued. "But there is a reason why Trump does not style his request as one for reconsideration: he cannot satisfy any part of the applicable legal standard."

Carroll's lawyer went on to cite a 2012 case out of New York that decided, "A party making a motion for reconsideration is not supposed to treat the court’s initial decision as the opening of a dialogue in which that party may then use such a motion to advance new theories or adduce new evidence in response to the court’s rulings."

Any motions to be reconsidered should be denied, the lawyer explained. "To provide needed clarity, Carroll respectfully requests that the Court issue a decision on this motion prior to opening arguments."

Trump is known for using various legal tactics to delay his case. A little over a week ago, Trump begged that the case be delayed because they didn't like the news cycle. Last week, the delay was denied. The first case, alleging rape, was delayed indefinitely.

Before that, Trump proclaimed he had immunity, which meant another legal battle. It was eventually shot down by the appeals court.

Trump doesn't intend to personally participate in the trial.

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