Carroll, a former columnist for Elle magazine, sued then-president Trump for defamation in a New York civil court in November 2019.
In an excerpt of her book published by New York Magazine that year, Carroll said she was raped by Trump in the changing room at the luxury Bergdorf Goodman department store on Fifth Avenue in New York in the mid-1990s.
Trump denied the accusation, saying Carroll was “not my type” and that she was “totally lying,” which prompted the defamation suit.
The case has been delayed by procedural battles, including whether Trump should be represented by the US government, since he was president at the time he made the statements.
According to several media outlets on Tuesday, Trump’s lawyers have always claimed that their client was protected by his executive immunity, particularly for allegedly defamatory statements he made during his term.
Last week, Trump made new comments about the case on his right-wing Truth Social platform, mocking Carroll’s rape allegations.
According to legal experts cited in a Vice News report, Carroll could argue that Trump defamed her again — this time as a private citizen.
Judge Kaplan said last week that Carroll could claim damages from Trump for the alleged rape starting from November 24, after a New York state law allowing survivors of sexual assault to file a civil suit regardless of the statute of limitations comes into effect.