Judge tosses Trump’s defamation suit against writer who won sexual abuse lawsuit against him

The ruling shuts down, at least for now, Trump’s effort to turn the legal tables on E. Jean Carroll, who won a $5 million judgment against him in May and is pursuing her own defamation suit against him.

Associated Press

Aug 7, 2023, 8:32 PM

Updated 354 days ago

Share:

Judge tosses Trump’s defamation suit against writer who won sexual abuse lawsuit against him
A federal judge tossed out former President Donald Trump’s countersuit against the writer who won a sex abuse lawsuit against him, ruling Monday that Trump can’t claim she defamed him by continuing to say she was not only sexually abused but raped.
The ruling shuts down, at least for now, Trump’s effort to turn the legal tables on E. Jean Carroll, who won a $5 million judgment against him in May and is pursuing her own defamation suit against him. Trump attorney Alina Habba said his lawyers would appeal “the flawed decision” to dismiss his counterclaim.
Carroll’s lawyer, Robbie Kaplan, said she was pleased with the ruling and looking ahead to a trial scheduled in January in her defamation suit, which concerns a series of remarks that Trump has made in denying her sexual assault allegation.
“E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages” in that trial, Kaplan said.
Carroll accused Trump of trapping her in a luxury department store dressing room in 1996, forcibly kissing her, yanking down her tights and raping her as she tried to fight him off.
He denies any of it happened, even that they ran into each other at the store. He has called her, among other things, a “nut job” who invented “a fraudulent and false story” to sell a memoir.
In this spring’s trial, a civil court jury concluded that Trump sexually abused Carroll but rejected her claim that he raped her. Legally, the difference depended on specifics of how, in the jury’s view, he penetrated her against her will.
When a CNN interviewer asked her what was going through her mind when she heard the rape finding, Carroll responded, “Well, I just immediately say in my own head, ‘Oh, yes, he did. Oh, yes, he did.’” She also said she had told one of Trump’s attorneys that “he did it, and you know it.”
Carroll accused Trump of trapping her in a luxury department store dressing room in 1996, forcibly kissing her, yanking down her tights and raping her as she tried to fight him off.
He denies any of it happened, even that they ran into each other at the store. He has called her, among other things, a “nut job” who invented “a fraudulent and false story” to sell a memoir.
In this spring’s trial, a civil court jury concluded that Trump sexually abused Carroll but rejected her claim that he raped her. Legally, the difference depended on specifics of how, in the jury’s view, he penetrated her against her will.
When a CNN interviewer asked her what was going through her mind when she heard the rape finding, Carroll responded, “Well, I just immediately say in my own head, ‘Oh, yes, he did. Oh, yes, he did.’” She also said she had told one of Trump’s attorneys that “he did it, and you know it.”
“The difference between Ms. Carroll’s allegedly defamatory statements — that Mr. Trump ‘raped’ her as defined in the New York Penal Law — and the ‘truth’ — that Mr. Trump forcibly digitally penetrated Ms. Carroll — are minimal,” Judge Lewis A. Kaplan wrote in Monday’s ruling. “Both are felonious sex crimes.”
“Indeed, both acts constitute ‘rape’” as the term is used in everyday language, in some laws and in other contexts, added Kaplan, who isn’t related to Carroll’s lawyer.
The Associated Press generally does not name people who allege they have been sexually assaulted unless they come forward publicly, as Carroll has done.


More from News 12
2:16
Fire at Fair Lawn strip mall destroys multiple businesses, including popular Zadies Bakery

Fire at Fair Lawn strip mall destroys multiple businesses, including popular Zadies Bakery

2:11
Beautiful weekend ahead for New Jersey with sunny skies and warm temperatures

Beautiful weekend ahead for New Jersey with sunny skies and warm temperatures

1:54
Boar’s Head deli meat recalled for potential listeria contamination

Boar’s Head deli meat recalled for potential listeria contamination

0:46
New Jersey to receive more than $72M to help coastal communities prevent flooding

New Jersey to receive more than $72M to help coastal communities prevent flooding

1:43
Officials: Lead found on Keyport beach not ‘urgent risk’ to public health, no need to close beach

Officials: Lead found on Keyport beach not ‘urgent risk’ to public health, no need to close beach

0:44
Jersey Proud: Goya Gives Day collects 100,000 pounds of food donations

Jersey Proud: Goya Gives Day collects 100,000 pounds of food donations

1:01
‘It’s a beautiful sport.’ New pickleball courts open in Howell Township

‘It’s a beautiful sport.’ New pickleball courts open in Howell Township

0:29
Man who pleaded guilty to attacking Jewish men sentenced to 30 years on terror charges

Man who pleaded guilty to attacking Jewish men sentenced to 30 years on terror charges

0:55
EPA completes Phase 1 of Superfund site cleanup at Unimatic Manufacturing site in Fairfield

EPA completes Phase 1 of Superfund site cleanup at Unimatic Manufacturing site in Fairfield

0:20
West New York school named for Sen. Menendez to revert to original name

West New York school named for Sen. Menendez to revert to original name

0:30
Attorney general: NJ state trooper ‘inexcusably crossed the line,’ admits to punching handcuffed woman in the face in 2022

Attorney general: NJ state trooper ‘inexcusably crossed the line,’ admits to punching handcuffed woman in the face in 2022

0:15
East Brunswick police: Bicyclist killed in Route 18 crash

East Brunswick police: Bicyclist killed in Route 18 crash

0:30
No one injured in Kenilworth house fire

No one injured in Kenilworth house fire

1:04
Attorney general releases body camera footage of fatal Hamilton police-involved shooting

Attorney general releases body camera footage of fatal Hamilton police-involved shooting

0:15
Part of Manchester’s Harry Wright Lake closed due to high levels of fecal bacteria

Part of Manchester’s Harry Wright Lake closed due to high levels of fecal bacteria

0:23
2 dead in Maine plane crash after leaving New Jersey airport

2 dead in Maine plane crash after leaving New Jersey airport

0:18
$1 million lottery ticket won from $20 scratch-off at North Wildwood Wawa

$1 million lottery ticket won from $20 scratch-off at North Wildwood Wawa

1:59
Paws & Pals: Felicity now up for adoption at Associated Humane Societies

Paws & Pals: Felicity now up for adoption at Associated Humane Societies

1:17
Gov. Murphy discusses potential Menendez replacement on ‘Ask Gov. Murphy’

Gov. Murphy discusses potential Menendez replacement on ‘Ask Gov. Murphy’

0:40
State, federal lawmakers introduce legislation to shorten funding gap for World Trade Center Health Program

State, federal lawmakers introduce legislation to shorten funding gap for World Trade Center Health Program