Lawyer for journalist E Jean Carroll who says Trump raped her tells court they want his DNA

A federal judge sparred with Donald Trump’s legal team over the former president’s attempt to countersue E Jean Carroll, the journalist who has sued him for defamation.

Oral arguments to examine the request took place on Tuesday (22 February) in Manhattan in front of Judge Lewis Kaplan.

Ms Carroll has alleged that Mr Trump raped her in a dressing room at Bergdorf Goodman in the mid-1990s. Mr Trump has denied the allegations. In November 2019, Ms Carroll sued Mr Trump for defamation over statements he made in response to the allegations. Ms Carroll’s contention is that statements made by Mr Trump in response to the allegations caused her “to suffer reputational, emotional, and professional harm”.

Tuesday’s oral argument focused on an attempt by Mr Trump’s legal team to introduce a counterclaim, through which Mr Trump would countersue Ms Carroll.

Representing Ms Carroll, Roberta Kaplan said her client is keen to proceed with fact-finding regarding the case: “We’d like to get on with discovery. We do not seek to depose President Trump.”

Ms Kaplan continued saying they would like to depose Ms Carroll and two women whom she told of her alleged rape by Mr Trump at around the time it occurred.

“And we’d like his DNA,” she added, repeating a request previously made at an earlier stage of the case.

In an exchange that became heated at times, Mr Trump’s attorney Alina Habba and Judge Kaplan disagreed on a number of matters.

At one point during the hearing, Ms Habba asserted that proceedings were delayed because Trump was a sitting president.

“You can’t litigate when you’re a sitting president?” Judge Kaplan repeated incredulously. “Are you kidding?”

At another point, the judge contended that a specific statute did not apply in federal court.

“Today the court heard arguments on Donald J Trump’s latest, meritless effort to delay E Jean Carroll’s quest to show the world the truth. We are grateful to Judge Kaplan for his respectful consideration of the issues and look forward to proving our case at trial,” Ms Carroll’s lawyer, Roberta Kaplan, said in a statement.

Ms Carroll originally filed her lawsuit in state court, but the case moved to federal court in September 2020, after the Justice Department intervened to substitute Mr Trump’s private legal team with government lawyers.

Tuesday’s discussion focused in part on New York’s anti-SLAPP law. Anti-SLAPP legislation, per The Reporters Committee for Freedom of the Press, aims “to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights”.

The state of New York expanded its anti-SLAPP law in September 2020. Ms Habba argued that the updated protections in New York State should apply in federal court, but Judge Kaplan expressed strong skepticism.

The judge is expected to make a written decision in the case soon.