(Bloomberg) — Donald Trump’s lawyers failed to meet a key filing deadline in his effort to stop the US from being removed as a defendant in a lawsuit in which the former president accused Hillary Clinton and various officials of conspiring against him during the Russia probe.
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US District Judge Donald Middlebrooks on Friday said Trump failed to respond by Sept. 1 to a motion to dismiss filed by the US government, which is one of many defendants in the suit filed under a civil racketeering law.
Middleton, an appointee of former President Bill Clinton, granted Trump an extension to Sept. 6, but had a warning for the former president.
“I caution plaintiff that if no response to the United States’ motion is timely filed by the extended deadline, then I will evaluate the merits of the United States’ motion without the benefit of counterargument, and I will grant the motion if I am satisfied that there is a sufficient legal basis to do so,” the judge wrote.
Trump’s lawyers said in a statement that the missed deadline was the result of a procedural misunderstanding about the type of response they were filing, and that the document would be filed soon.
Clinton and other defendants have also filed motions to dismiss.
Read more: Hillary Clinton Asks Judge to Toss Trump’s Conspiracy Suit
The case is Trump v. Clinton, 22-cv-14102, U.S. District Court, Southern District of Florida.
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