Trump has limited options as his rape defamation deposition looms -- none of them good: legal expert

In a series of tweets early Sunday morning, former U.S. Attorney and Deputy Assistant Attorney General Harry Litman noted that Donald Trump is slated to answer questions under oath on Wednesday as part of a defamation lawsuit lodged by writer E. Jean Carroll who has accused him of sexually assaulting her in the mid-'90s.

After being ordered by U.S. District Judge Lewis A. Kaplan to appear, the former president lashed out, calling her accusations, "a hoax and a lie.”

Regardless, Litman stated Trump will have to show, or face the consequences, and that he may find himself in a corner when questioned.

On Twitter, Litman wrote, "The judge in Jean Carroll’s case against Trump for defamation—growing out of his churlish denial that he raped her in the 1990s—has ordered him to sit for a deposition Wednesday. What are his options?" and then cautioned the former president, "He could ask the Court for another delay, but pretty clear judge would say no. He could not show but pretty clear judge would hold him in contempt and even issue a warrant for his arrest."

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He then continued, "He could show up and a) admit the rape after scores of public denials. That would be tantamount to a confession that he defamed her; b) insist he never did, setting up a he said she said credibility dispute before a New York jury that he’d likely lose; c) take the 5th but that would be admissible against him in the defamation suit, which is civil (absent some unusual New York doctrine I’m unaware of), or d) say he doesn’t recall, which would represent a distinct retreat from his public stance."

"Finally, he could try to appeal, but he would need to show irreparable injury from the mere fact of having to show up and tell the truth, and after taking extensive discovery of her case. The resultant delay would likely be brief," he wrote. "Not a very good set of choices. Most likely outcome: appeal. Second most likely: I don’t recall. Third: take the 5th."

Likely in reference to Trump's avalanche of legal problems, Litman added, "Drip, drip, drip."