By Kara Scannell | CNN
In a significant legal setback for former President Donald Trump, a federal judge has dismissed his counter defamation lawsuit against E. Jean Carroll.
Judge Lewis Kaplan, in his order on Monday, stated that Trump failed to provide evidence that Carroll’s statements, made on CNN the day after she was awarded $5 million by a jury in a lawsuit where she accused Trump of sexual abuse and defamation, were false or not substantially true according to the legal standard.
The lawsuit was filed by Trump in June after Carroll responded to questions on CNN regarding the jury’s verdict, which found Trump guilty of sexually abusing Carroll but not of rape as defined by New York law, as she had alleged. Carroll’s response was, “Oh, yes he did.”
The judge dismissed Trump’s lawsuit by stating, “Indeed, the jury’s verdict in Carroll II confirms that Mr. Trump ‘raped her,’ albeit digitally and not with his penis. Thus, it establishes the substantial truth of Ms. Carroll’s ‘rape’ allegations against him.”
Kaplan added, “As a result, there is no basis for Mr. Trump’s argument that the jury’s finding establishes that Ms. Carroll’s statements were false, even if they could be interpreted as referring to ‘rape’ in the specialized Penal Law sense.”
Previously, the judge also rejected Trump’s request for a new trial.
Trump is scheduled to face trial in January for another defamation lawsuit filed against him by Carroll in 2019, for statements he made while serving as president. While the case was delayed due to legal issues, the lawsuit filed under the Adult Survivors Act (Carroll II) went to trial in May and resulted in the $5 million award.
In addition to appealing the jury’s verdict in Carroll II, Trump has appealed other unfavorable rulings.
Carroll’s lawyers argue that the only issue in the upcoming trial in January is determining the amount of damages Trump should pay. Trump’s legal team argues that damages should be capped to avoid double counting from the jury’s verdict in the Carroll II case.
Carroll’s attorney, Robbie Kaplan, stated, “Now that the court has denied Trump’s motion for a new trial or to decrease the amount of the verdict, E Jean Carroll looks forward to receiving the $5 million in damages that the jury awarded her in Carroll II. She also looks forward to continuing to hold Trump accountable for what he did to her at the trial in Carroll I, which is scheduled to begin on January 15, 2024.”
The trial will take place during the presidential primary season and as Trump faces three criminal indictments.
Alina Habba, an attorney for Trump, said, “We strongly disagree with the flawed decision and will be filing an appeal shortly.”
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