Former U.S. President Donald Trump will not testify at a civil trial to challenge claims made by writer E. Jean Carroll that he raped her in the 1990s and later defamed her, after letting a Sunday deadline pass without asking the court to appear.

Trump’s attorney Joseph Tacopina told the judge on Thursday that Trump had waived his right to testify in the trial in Manhattan federal court and opted not to present a defense in the case, gambling that jurors will find that Carroll had failed to make a persuasive case.

In response to a Reuters request for comment, Tacopina said in a statement what Trump’s legal team had already told the court on Thursday, that the former president would not testify in the case.

After the jury left for the day on Thursday, U.S. District Judge Lewis Kaplan asked Tacopina to inform Trump that he had until Sunday at 5 p.m. EDT (2100 GMT) to tell the court whether he intended to testify.

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