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The case that will force Trump into a new, risky deposition

As if Donald Trump weren't already in legal hot water, he's now poised to answer questions under oath — and it's tough to predict exactly what he'll say.

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If readers saw headlines yesterday about Donald Trump having to deliver sworn testimony, it’s likely that a familiar question soon followed: In which case?

It’s no secret that the former president is at the center of multiple, ongoing legal controversies — some of which may very well result in a criminal indictment — including a great many civil cases that the Republican is finding difficult to avoid now that he’s a private citizen.

A year ago this week, a court ordered Trump to testify under oath in a lawsuit brought by protestors who were allegedly roughed up by his security guards outside Trump Tower in New York. Yesterday, as The Associated Press reported, the former president received the same instructions in a very different case.

Former President Donald Trump will have to answer questions under oath next week in a defamation lawsuit lodged by a writer who alleges he raped her in the mid-1990s, a judge ruled Wednesday. U.S. District Judge Lewis A. Kaplan rejected a request by Trump’s lawyers that the planned testimony be delayed. The deposition is now scheduled for Oct. 19.

For those who may need a refresher on the underlying controversy, E. Jean Carroll spent years as a prominent writer, media figure and advice columnist, including having hosted a show on America’s Talking, which later became MSNBC (my employer). In June 2020, she also joined a long list of women who’ve accused Trump of sexual misconduct.

Carroll described an alleged encounter in a New York department store in the mid-1990s, which the writer described as a violent sexual assault committed by the future president. Though definitively proving or disproving Carroll’s claim is difficult — there is no security footage to review and little physical evidence — the writer said she confided in two friends shortly after the alleged incident, telling them at the time what she said occurred. Soon after, those friends came forward with on-the-record accounts. Caroll is also seeking DNA testing of the dress she says she wore during the alleged incident.

The former president denied the claim, arguing, among other things, that Carroll is a “liar” who isn’t his “type.” She ultimately sued Trump for defamation, and barring any additional changes to the schedule, the Republican will answer questions under oath next week.

In theory, the former president will probably stick to his denial, but the questions are likely to cover a fair amount of ground, including an exploration of other women he’s alleged to have assaulted.

As with last year’s deposition, I don’t doubt that Trump’s lawyers will beg him to keep his answers brief and on topic. But I also don’t doubt that his propensity for weird rants and tirades cannot be restrained — and once he starts talking, it’s impossible to guess what he might say, or what he might confess to.

Indeed, let’s not overlook the fact that the former president published an item to his Twitter-like social media platform last night. Referring to the defamation case, Trump wrote, “It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years. And, while I am not supposed to say it, I will. This woman is not my type!”

Or put another way, Trump apparently wants the public to know that he doesn’t consider Carroll physically attractive enough to sexually assault — which probably isn’t the message his attorneys had in mind the week before his sworn deposition.

CLARIFICATION (Oct. 14, 2022, 4:40 p.m. ET): A previous version of this post lacked precision while describing the physical evidence. To clarify, there is no established DNA match at this time; however, E. Jean Carroll still has the dress she was wearing when she was allegedly assaulted.