President Donald Trump rape accuser E. Jean Carroll says her New York defamation lawsuit against him should stand — even though he claims he doesn’t live here anymore, according to new court papers.
The New York Journalist — who writes Elle magazine’s “Ask E. Jean” advice column — sued President Trump for defamation in November after he denied her claims that he raped her in a Bergdorf Goodman changing room around 1995.
Trump’s lawyers on Friday said her case should be tossed because New York courts don’t have jurisdiction over him since he currently lives in Washington DC.
But Carroll’s lawyers on Monday filed papers arguing that Trump hasn’t proven he’s not still a New Yorker.
The court papers say that Trump “cannot — and his motion does not — dispute that he has been a New York domiciliary.
“And that domicile of New York persists unless and until Trump can prove by clear and convincing evidence that he has not only stated an intention to change residence, but has actually established a new permanent domicile somewhere else, where he now lives.”
And even if Trump lives in the White House now, “that is plainly insufficient under New York law to alter Trump’s New York domicile since it is not permanent,” the court documents say.
“Trump’s five-page brief does not even try to make that showing and Trump is obviously not a permanent resident of the White House. Trump’s motion therefore appears to be little more than an effort to avoid discovery — discovery that the Judge has already ordered should get started — in a case involving a sexual assault,” Carroll’s lawyer, Roberta Kaplan said.
To complicate matters further, it was revealed in October that Trump changed his residence from Trump Tower in Manhattan to his Mar-a-Lago Club in Palm Beach, Fla. Trump doesn’t mention the Florida residence in his papers from Friday.
Trump’s lawyer did not immediately return requests for comment.
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