Judge denies DOJ effort to end E. Jean Carroll defamation suit against Trump - CNN

The Carroll case is one of a litany of legal threats posed to Trump, many of which are likely to escalate if he loses the presidential election next week.

In his opinion, Kaplan also rejected the Justice Department's argument that Trump's statements regarding Carroll were made within the scope of his employment, writing, "while commenting on the operation of government is part of the regular business of the United States, commenting on sexual assault allegations unrelated to the operation of government is not."

The department had argued in court filings that Trump acted in his official capacity when denying Carroll's allegations, writing that "the President addressed matters relating to his fitness for office as part of an official White House response to press inquiries."

Carroll's lawyer, Roberta Kaplan, said Tuesday: "The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the Office of the President."

The case is now set to proceed in federal court.

Carroll had originally filed her case in New York state court, and after Trump challenged it, a trial court judge ruled in August that the lawsuit could proceed, allowing Carroll's attorneys to move forward in their efforts to obtain a DNA sample from Trump and take his deposition under oath.

Shortly thereafter, the Justice Department filed to replace Trump as the defendant.

On Tuesday, Carroll said she was gratified by the outcome.

"When I spoke out about what Donald Trump did to me in a department store dressing room, I was speaking out against an individual," she said.