New York judge dismisses Donald Trump’s counter-defamation lawsuit against Jean Carroll
Donald Trump
A US judge in New York dismissed Donald Trump’s counter-defamation suit against former magazine columnist E Jean Carroll, who recently won $5 million against the former president for battery and defamation.
The 77-year-old Republican leader and presidential hopeful had filed the lawsuit against Carroll in June for continuing to claim publicly that he had raped her even though the jury did not find him guilty.
Carroll said “Oh yes, he did; oh yes, he did” during an interview with CNN when she was asked about the jury’s finding that he had not raped her.
District Judge Lewis Kaplan on Monday (Aug 7) said he did not find the writer’s statements malicious saying that Trump’s defamation claim must be dismissed because Carroll’s statements were at least “substantially true.”
No merit in Trump's counterclaim
The judge noted that the jury indeed found Trump liable for sexually abusing Carroll during an encounter in the dressing room of a New York City department store in the mid-1990s.
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The judge did not find any merit in Trump's counterclaim, which sought unspecified compensatory and punitive damages, as well as several of Trump's defences against a separate pending defamation lawsuit brought by the 79-year-old writer.
“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 Carroll’s ‘rape’ accusations,” the judge wrote.
"We strongly disagree with the flawed decision and will be filing an appeal shortly,” Trump attorney Alina Habba said.
Another trial awaits Trump in January
Meanwhile, Trump is all set to face trial in January for another defamation claim brought by Carroll in 2019 for statements he made while he was president.
Carroll has sought new damages after Trump called her a "whack job" on CNN the day after the civil trial verdict.
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 January trial would focus on how much damages would Trump be liable to pay her. The former president’s attorneys have been seeking a cap on damages to avoid double counting from the jury’s verdict in the ASA case.
Welcoming the verdict, Carroll’s attorney, Roberta Kaplan said, “We are pleased that the court dismissed Donald Trump’s counterclaim.”
“That means that the January 15th jury trial will be limited to a narrow set of issues and shouldn’t take very long to complete. E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019.”
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