August 7 – A federal judge has dismissed Donald Trump’s counter defamation lawsuit against E. Jean Carroll, dealing another legal blow to the former president, said CNN.
In an order Monday, Judge Lewis Kaplan said that Trump had not proven that Carroll’s statements on CNN the day after the jury awarded her $5 million after finding that Trump sexually abused Carroll and defamed her were false or “not at least substantially true,” which is the legal standard.
Trump sued Carroll in June based on her response to questions posed on CNN. Carroll was asked about the verdict finding Trump sexually abused Carroll, but did not rape her as defined under New York law and as she alleged. Carroll said, “Oh, yes he did.”
In throwing out Trump’s lawsuit, the judge wrote, “Indeed, the jury’s verdict in Carroll II establishes, as against Mr Trump, the fact that Mr Trump ‘raped her’, albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms Carroll’s ‘rape’ accusations.”
Trump is set to go to trial in January on another defamation lawsuit brought by Carroll in 2019 for statements Trump made while he was president. That case was tied up in legal issues while the lawsuit brought under the Adult Survivors Act (known as Carroll II) went to trial in May, resulting in the $5 million award.
The trial comes in the middle of the presidential primary season and as Trump prepares to defend against three criminal indictments.
“We strongly disagree with the flawed decision and will be filing an appeal shortly,” said Alina Habba, an attorney for Trump.
