A U.S. judge has dismissed former President Donald Trump’s defamation counterclaim against writer E. Jean Carroll. Carroll is currently pursuing a second defamation lawsuit against Trump after winning a $5 million jury verdict in May.
Trump filed the defamation claim against Carroll after she stated on CNN that he had raped her. While the jury found Trump not guilty of rape, they held him liable for sexual assault. Trump also took issue with Carroll’s statement that she had told his lawyer “he did it and you know it” after the verdict was delivered.
In response, U.S. District Judge Lewis Kaplan ruled that Carroll’s statements were “substantially true” and that Trump failed to prove that she made them with actual malice. Kaplan had previously determined that there was evidence supporting Carroll’s claim that Trump digitally penetrated her, causing significant harm.
Furthermore, Kaplan struck down some of Trump’s affirmative defenses, including his claim of “absolute presidential immunity” from legal action.
Trump’s attorney, Alina Habba, stated, “We strongly disagree with the flawed decision and will be filing an appeal shortly.”
On the other hand, Carroll’s attorney, Roberta Kaplan, expressed satisfaction with the ruling, noting that it would narrow the issues for the civil trial scheduled for January 15, 2024.
The counterclaim was filed as part of Carroll’s second defamation lawsuit seeking $10 million in damages. Both lawsuits originated from Carroll’s accusation that Trump sexually assaulted her in a Bergdorf Goodman dressing room in the mid-1990s.
Jonathan Stempel reporting in New York; edited by Grant McCool.
Credit: The Star : News Feed
