U.S. District Judge Lewis Kaplan of the Southern District of New York on Tuesday appeared decidedly skeptical of the arguments brought by attorneys for former President Donald Trump, who have moved to amend his answer in a defamation lawsuit to assert a claim under New York’s revised anti-SLAPP law.

The author E. Jean Carroll sued Trump for defamation in 2019 after she accused him of rape and he said she had made up the allegation. The case was removed to federal court in 2020; a legal question regarding whether Trump acted as a federal employee covered by the Westfall Act when he spoke about Carroll is pending in the U.S. Court of Appeals for the Second Circuit.

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