Will Donald Trump attend his rape trial? Judge wants to know
File: E. Jean Carroll is seen outside State Supreme Court on March 4, 2020, in New York. (Alec Tabak for New York Daily News/Tribune News Service via Getty Images)
NEW YORK - A federal judge wants to know if ex-President Donald Trump plans to attend a New York trial this month resulting from a columnist’s claims that he raped her in a department store dressing room in the 1990s.
Judge Lewis A. Kaplan issued an order Monday directing parties in the case to notify him by April 20 whether they will be present throughout the trial, scheduled to start April 25 in Manhattan federal court.
A writer, E. Jean Carroll, sued Trump in November, saying he raped her in early 1996 after a chance meeting at the Bergdorf Goodman department store. He has repeatedly and emphatically denied it in language sure to be highlighted for a jury that will decide whether the rape occurred and if Trump defamed Carroll with his comments.
The rape claims were made immediately after a temporary state law took effect allowing adult rape victims to sue their abusers, even if attacks happened decades ago.
Trump's lawyers did not respond Monday to requests for comment on Kaplan's order.
Attorney Roberta Kaplan, no relation to the judge, said Carroll "intends to be present for the entire trial."
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In his order, the judge asked "each party" to notify him in writing whether he or she intends to attend the entire trial. If not, he asked to be told what dates and times each individual will be absent.
The judge said the order was not to be construed to suggest whether either side is obliged to be present throughout the trial or what legal consequences could result from a decision not be present the entire time.
The judge was likely interested in learning exactly when Trump might be in court because of the special security arrangements that would be required for a Secret Service-protected former president who is campaigning for a second term in office.
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In October, Trump underwent a videotaped deposition in which he was questioned about Carroll's claims, which were first made publicly in a 2019 memoir by the former longtime Elle magazine columnist.
In the deposition, Trump was dismissive of Carroll’s claims, saying: "Physically she’s not my type."
Even if Trump decides not to attend the trial, it is likely that significant portions of his deposition will be watched by the jury.
In recent weeks, the judge has denied requests by Trump's lawyers to exclude testimony from two women who made sexual abuse claims against Trump in circumstances similar to those alleged by Carroll and from two individuals who worked at the department store at the time the rape allegedly occurred.
He also has ruled that jurors can hear misogynistic remarks Trump made about women in 2005 on an "Access Hollywood" tape.