- cross-posted to:
- the_donald@lemmy.world
- cross-posted to:
- the_donald@lemmy.world
A federal judge Monday dismissed former President Trumpās claim that E. Jean Carroll defamed him in May after a jury found Trump liable for sexually abusing the writer.
The day after the verdict, Carroll appeared on CNN and indicated Trump had raped her. The jury had not found Trump liable for rape under New Yorkās definition, but instead found him liable for sexual abuse.
Trump then claimed Carrollās insistence on CNN amounted to defamation, filing a counterclaim in Carrollās other lawsuit that has not yet gone to trial.
U.S. District Judge Lewis Kaplan on Monday dismissed Trumpās argument, ruling Carrollās statement on the cable network was substantially true and that ā[t]here would have been no different effect on the mind of an average listener.ā
āThe difference between Ms. Carrollās allegedly defamatory statements ā that Mr. Trump ārapedā her as defined in the New York Penal Law ā and the ātruthā ā that Mr. Trump forcibly digitally penetrated Ms. Carroll ā is minimal. Both are felonious sex crimes,ā Kaplan ruled.
Kaplan, a Clinton appointee, separately rejected Trumpās defense that he has āabsolute presidential immunityā in the case.
This is the best summary I could come up with:
U.S. District Judge Lewis Kaplan on Monday dismissed Trumpās argument, ruling Carrollās statement on the cable network was substantially true and that ā[t]here would have been no different effect on the mind of an average listener.ā
Kaplan, a Clinton appointee, separately rejected Trumpās defense that he has āabsolute presidential immunityā in the case.
In May, a jury heard one of those cases and found Trump liable for sexual abuse and defaming Carroll last year by denying her story.
āWe are pleased that the Court dismissed Donald Trumpās counterclaim,ā Carroll attorney Robbie Kaplan, who is not related to the judge, said in a statement.
āThat means that the January 15th jury trial will be limited to a narrow set of issues and shouldnāt take very long to complete,ā she continued.
Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019.ā
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