Federal Judge Rejects Trump’s Bid to Avoid Deposition in Carroll Defamation Case, Ordering Under-Oath Testimony

By Alan Feuer The New York Times November 24, 2025

NEW YORK — A federal judge on Monday denied President Trump’s latest effort to evade a deposition in the E. Jean Carroll defamation lawsuit, ordering him to sit for four hours of sworn questioning under oath by Dec. 20 — a ruling that pierced through months of delay tactics and sent shockwaves through Washington, where aides to the president scrambled to appeal and Democrats decried it as a long-overdue reckoning.

U.S. District Judge Lewis A. Kaplan, who has presided over the case since Ms. Carroll filed it in 2019, dismissed Mr. Trump’s motion to quash the subpoena as “frivolous and repetitive,” accusing his lawyers of employing “the kind of dilatory maneuvers that would embarrass even the most seasoned obstructionist.” In a 28-page opinion laced with unsparing language, Judge Kaplan wrote: “The presidency does not confer a license to defame with impunity, nor does it shield one from the ordinary burdens of civil discovery. The defendant’s arguments, recycled from prior filings, merit no further indulgence.”

The deposition stems from Ms. Carroll’s second defamation suit against Mr. Trump, filed after he repeated in a June 2024 CNN interview that he had never met her and that her mid-1990s sexual assault allegation was a “hoax” to sell books. A jury in January 2025 awarded Ms. Carroll $83.3 million in damages, on top of a $5 million verdict in May 2023 for similar statements made in 2019. Mr. Trump has appealed both, arguing presidential immunity under the Supreme Court’s July 2024 ruling in Trump v. United States, but Judge Kaplan ruled that the remarks — uttered as private opinions, not official acts — fall outside protected conduct.

Ms. Carroll’s lawyers, Roberta A. Kaplan (no relation to the judge) and Shawn Crowley, hailed the decision as “a triumph for accountability.” Speaking outside the Thurgood Marshall U.S. Courthouse in Lower Manhattan, Ms. Kaplan said: “Mr. Trump has spent years delaying this day with baseless motions and inflammatory rhetoric. The court has spoken: It’s time to answer under oath.” Ms. Carroll, 82, stood beside her, adding with quiet resolve: “I’ve waited long enough for the truth. Let’s hear it straight from him.”

The ruling arrives at a precarious moment for Mr. Trump, whose second term has been battered by scandals, including the Epstein files controversy and a partial government shutdown now in its 13th day. Aides described the president as “furious” upon learning of the order during a midday briefing at the White House. Two officials, speaking on condition of anonymity, said Mr. Trump abruptly ended the session, slamming a folder on the Resolute Desk and barking to Attorney General Pam Bondi: “This judge is a disgrace — get it stayed, appealed, whatever it takes!” By early afternoon, Ms. Bondi’s Justice Department had filed an emergency motion with the Second Circuit Court of Appeals, arguing that forcing a sitting president to testify would “irreparably disrupt executive functions” amid global crises like the G20 summit in Brazil this week.

Legal experts dismissed the motion’s prospects. “Clinton v. Jones settled this in 1997: A president can be deposed in civil cases over unofficial acts,” said Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law. “Trump’s team knows this; they’re buying time for political theater.” The Supreme Court’s immunity decision, while shielding official conduct, explicitly preserved civil liability for private actions — a point Judge Kaplan hammered home, noting Mr. Trump’s 2022 deposition in the case, where he mistook Ms. Carroll for his ex-wife Marla Maples and called her a “nut job.”

The political drama spiraled instantly. On Truth Social, Mr. Trump posted a 300-word rant at 2:15 p.m.: “Crooked Judge Kaplan, a total partisan hack, orders me to waste time on a HOAX deposition while America burns under shutdown sabotage! This is election interference 2.0 — I’ll fight to SCOTUS! #WitchHunt #MAGA.” The post, viewed 8 million times by evening, drew cheers from MAGA influencers but rebukes from moderates; even Fox News contributor Kayleigh McEnany, a former Trump press secretary, called it “a tough spot — focus on the wins, not the witch hunt.”

Democrats seized the moment as vindication. House Minority Leader Hakeem Jeffries, speaking on MSNBC’s “The Last Word,” quipped: “Trump delayed this for years with delay tactics and daddy’s money. Now, under oath? The emperor’s wardrobe is about to get a lot more transparent.” Senate Judiciary Chairman Dick Durbin demanded a hearing on “presidential accountability,” arguing the case exposes “the fragility of immunity claims in civil suits.” A Quinnipiac poll released Monday evening showed Mr. Trump’s approval dipping to 37 percent — his lowest since the Epstein files unsealing — with independents citing “legal entanglements” as a top concern amid shutdown fatigue.

Inside Trump world, the scramble was palpable. Aides reported a 90-minute war room session where Mr. Trump dictated appeals strategies to his legal team, including Alina Habba and Todd Blanche, while press secretary Karoline Leavitt fielded calls from rattled donors. “He’s apoplectic — this hits too close to the Epstein mess,” one adviser confided. “Every delay was supposed to bury it; now it’s exhumed for prime time.”

The deposition promises fireworks. Ms. Carroll’s team intends to grill Mr. Trump on his repeated denials — including a 2019 tweet calling her claims “a total scam” — and his 2024 Oval Office remarks labeling the verdict “rigged.” Transcripts from his prior sessions reveal a combative style: He once ranted about Ms. Carroll’s appearance, saying, “She’s not my type,” and confused her with Ivanka Trump. Judge Kaplan, anticipating disruption, limited the session to four hours and barred cameras, but a transcript will be public.

For Ms. Carroll, the writer whose 2019 New York magazine essay sparked the saga, the ruling is bittersweet. “I didn’t sue for money; I sued for truth,” she said. “Under oath, maybe he’ll finally face it.” Her lead counsel, Roberta Kaplan, added: “Delay was his weapon; the clock’s run out.”

As Mr. Trump departs for Brazil, the Dec. 20 date looms like a subpoena served at state dinner. In a term defined by defiance, this legal pressure — unyielding and under oath — may prove the crack that spirals the drama beyond control.