UNITED STATES NEWS

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

Aug 7, 2023, 6:00 PM

NEW YORK (AP) — 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.”

Trump then sued Carroll, saying her statements were defamatory. He sought a retraction and money.

“These false statements were clearly contrary to the jury verdict,” the attorneys argued in court papers, saying the panel had found that rape “clearly was not committed.”

Jurors in the case were told that under the applicable New York law, rape requires forcible penetration by a penis, whereas sexual abuse would cover forcible penetration by a finger. Carroll alleged that both happened.

Carroll’s lawyers said that her post-verdict statements were “substantially true.”

So did the judge.

“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.

United States News

Associated Press

Wildfire north of Los Angeles spreads as authorities issue evacuation orders

GORMAN, Calif. (AP) — Authorities issued evacuation orders Saturday as a wildfire in Los Angeles County spread thousands of acres close to a major highway and threatened nearby structures, officials said. The blaze that is being called the Post Fire burned more than 3,600 acres (5.6 square miles or 14.5 square kilometers) near the Interstate […]

1 hour ago

maine-standoff...

Associated Press

Maine police kill armed man after standoff and house fires

Maine police fatally shot a man on a rooftop early Saturday after an hourslong standoff in which authorities said he opened fire at officers.

2 hours ago

Associated Press

Shooting at splash pad in Detroit suburb leaves ‘numerous wounded victims,’ authorities say

ROCHESTER HILLS, Mich. (AP) — Multiple people were wounded Saturday in a shooting at a splash pad in the Detroit suburb of Rochester Hills, authorities said. Oakland County Sheriff Mike Bouchard told reporters that “it sounds like we have nine, maybe 10 victims with gunshot wounds, victims of varying kinds of injuries.” Authorities said they […]

3 hours ago

Associated Press

Sean ‘Diddy’ Combs returns key to New York City in response to video of him attacking singer Cassie

NEW YORK (AP) — Sean “ Diddy ” Combs has returned his key to New York City after a request from Mayor Eric Adams in response to the release of a video showing the music mogul attacking R&B singer Cassie, officials said Saturday. The mayor’s office said Combs returned the key after Adams sent letters […]

6 hours ago

Associated Press

Victim identified in Southern California homicide case, 41 years after her remains were found

SANTA ANA, Calif. (AP) — A victim whose skull was found by children in a Southern California city in 1983 has been identified 41 years after her remains were first discovered, authorities said. The Orange County Sheriff’s Department identified the victim Friday as Maritza Glean Grimmett, a Panamanian native who moved to the U.S. in […]

6 hours ago

A report published by a Native American-led nonprofit examines the dispossession of $1.7 trillion w...

Associated Press

Report finds Colorado was built on $1.7 trillion of expropriated tribal lands

A report published by a Native American-led nonprofit examines the dispossession of $1.7 trillion worth of tribal homelands in Colorado.

7 hours ago

Sponsored Articles

...

Midwestern University

Midwestern University Clinic visits boost student training & community health

Going to a Midwestern University Clinic can help make you feel good in more ways than one.

...

Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.

...

DISC Desert Institute for Spine Care

Sciatica pain is treatable but surgery may be required

Sciatica pain is one of the most common ailments a person can face, and if not taken seriously, it could become one of the most harmful.

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