Trump rape accuser says president can be sued in New York

In a file photo taken on June 23, 2019, writer E. Jean Carroll is photographed in New York. PHOTO: AP

NEW YORK (BLOOMBERG) - US President Donald Trump can face a lawsuit in New York because his residency at the White House "is not permanent," according to an advice columnist suing the president for denying he raped her two decades ago.

E. Jean Carroll, who filed a defamation suit against Trump in November, made the argument in a Monday (Jan 6) court filing responding to the president's request last week to have the case dismissed on the grounds that New York courts lack jurisdiction.

Carroll's lawyers said Trump has not met the standard under New York law for formally changing his residence.

Carroll went public with her rape claim in a June magazine article. Trump has repeatedly denied the allegation and called her a liar seeking to promote her career.

Her filing on Monday said Trump's request to delay the exchange of evidence until after his motion to dismiss is decided should be denied. She plans to depose Trump by a court-imposed deadline of April 6.

"Trump never asserts any other domicile, arguing only that the court should take judicial notice of his current temporary residence in the White House - a fact that is plainly insufficient under New York law to alter Trump's New York domicile since it is not permanent," Carroll's lawyer, Roberta Kaplan, said in the filing in Manhattan.

Kaplan said she may seek sanctions against Trump for seeking dismissal of the case on jurisdiction grounds, saying it is a dubious argument intended to delay discovery.

Trump's lawyer in the suit, Lawrence Rosen, didn't immediately return a call for comment.

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