The DOJ opted to forego oral arguments when its lawyer couldn't appear in court.
in a subsequent court filing this month that Trump is not covered by the Federal Tort Claims Act, which assumes liability for the wrongful acts of government employees.E. Jean Carroll arrives at the Daniel Patrick Moynihan United States Courthouse, Oct. 21, 2020, in New York.
Before the hearing started, the federal judge denied a request from the DOJ to delay Wednesday's proceedings. Stephen Terrell, the attorney set to make the government's case, traveled to New York from Virginia, which requires a 14-day quarantine and thus could not access the Manhattan courthouse, the DOJ argued.
Kaplan noted Carroll had “traveled some distance” to attend the hearing and asked the judge for a chance to answer his questions. "[The DOJ] should at least appear in open court to answer for the outrageous positions that it has taken here," Kaplan said in the statement."We remain confident that the Court will deny the Justice Department’s motion and we look forward to pursuing Ms. Carroll’s case in federal court.”Carroll, who served as an advice columnist at Elle magazine for more than 20 years, accused Trump last year of sexually assaulting her in a Bergdorf Goodman dressing room in the 1990s.
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