Trump’s offer to provide DNA in rape case rejected for being ‘too late’: Judge
Kaelan Deese
Video Embed
A New York federal judge rejected an offer on Wednesday by former President Donald Trump to supply a DNA sample in a lawsuit accusing him of raping writer E. Jean Carroll in a Manhattan department store in the 1990s, saying his offering comes “too late,” with a trial slated to begin in April.
Judge Lewis Kaplan said that Trump’s offer, which was made earlier this month after years of litigation in the writer’s suit, came “too late” following the conclusion of the process for exchanging evidence. As part of the agreement, Trump’s counsel said the DNA could only be used to compare DNA samples found on the dress she said she wore during the alleged sexual assault, an incident that Trump has vehemently denied being involved in.
“Her counsel have had plenty of opportunities in both of the two related cases to move to compel Mr. Trump to submit a DNA sample,” Kaplan wrote in a 21-page filing. “Had they done so, they almost certainly would have gotten it. But Ms. Carroll’s counsel never moved to compel Mr. Trump to submit a DNA sample. They obviously decided to go to trial without it.”
TRUMP WILLING TO GIVE DNA SAMPLE IN SEXUAL ASSAULT LAWSUIT, LAWYER SAYS
Kaplan justified his rejection on two primary points, saying the process of exchanging evidence, known as discovery, was completed and citing that the trial would soon commence on April 17.
The judge also said that Trump had no justification for making the offering on the condition that Carroll’s counsel be ordered to hand over a previously undisclosed supplementary document to a report on male DNA found on the dress she said she was wearing when Trump allegedly raped her.
Kaplan’s Wednesday order means there will be no DNA evidence presented during the trial. Until recently, Trump refused to provide a DNA sample.
The order also offered the judge’s speculation as to why Trump offered the DNA late into discovery, saying it “reflects either tactical shift or just an afterthought.”
“But whatever the explanation, the effort comes too late,” Kaplan wrote.
Carroll, a columnist for Elle, initially sued Trump for defamation over statements he made about her alleged incident, which Carroll’s counsel said cast doubt about her credibility and demeaned her appearance.
In a 2019 interview with the Hill, Trump said Carroll was “not my type” and characterized her account as “totally lying.”
The defamation dispute remains unresolved in the U.S. Court of Appeals for the 2nd Circuit, but Kaplan has said the proceedings can move forward as parties await a decision, which would likely come down to whether Trump’s statements were made within the scope of his presidential status, which could protect him from the lawsuit.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
But Carroll also filed a second lawsuit against the former president in November over the alleged assault due to a New York law that took effect and temporarily lifted the statute of limitations. Carroll also included a new allegation of defamation that happened after Trump left the Oval Office in 2021.
Trump’s attorney Joe Tacopina declined a request for comment from the Washington Examiner.