In a recent development, a federal judge in New York has dismissed Donald Trump’s countersuit against E. Jean Carroll, the writer who previously won a $5 million verdict against the former president for battery and defamation. The decision comes after Trump filed counterclaims against Carroll, alleging that she continued to publicly defame him by accusing him of rape even after a jury found him not liable for the charge. However, U.S. District Court Judge Lewis Kaplan highlighted that the jury did find Trump liable for sexually abusing Carroll during an encounter in the dressing room of a New York City department store in the mid-1990s. Due to the substantial truth of Carroll’s ongoing rape allegations, Kaplan decided to dismiss Trump’s counterclaim.
Trump’s countersuit sought unspecified compensatory and punitive damages, as well as defenses against a separate defamation lawsuit brought by Carroll, which is still pending. Trump’s attorney, Alina Habba, expressed strong disagreement with the judge’s decision and confirmed their intentions to file an appeal shortly. On the other hand, Carroll’s lawyer, Roberta Kaplan, expressed satisfaction with the ruling, stating that it would narrow down the upcoming trial on January 15 to a select set of issues, allowing for a swift resolution.
It’s important to note that Trump has consistently denied any wrongdoing throughout the case and is currently appealing the $5 million verdict. Despite this, he did not testify during the trial. Carroll’s initial battery claim asserted that Trump had raped and sexually abused her in Bergdorf Goodman, a department store near Trump Tower in Manhattan. The jury, however, did not find sufficient evidence to support the rape claim. Instead, they concluded that Trump had sexually abused Carroll.
The focus of Trump’s defamation claim centered on an interview Carroll conducted with CNN following the jury’s verdict, where she reasserted her belief that Trump had indeed raped her. Judge Kaplan clarified that, under New York law, the jury’s finding of sexual abuse demonstrated that they believed Trump had forcibly penetrated Carroll with his fingers. Consequently, Kaplan wrote that this verdict “establishes, as against Mr. Trump, the fact that Mr. Trump ‘raped’ her, albeit digitally rather than with his penis,” solidifying the substantial truthfulness of Carroll’s rape allegations.
Additionally, the judge dismissed Trump’s claim of presidential immunity in Carroll’s ongoing defamation case, citing that he had raised the defense too late in the proceedings. Kaplan also rejected Trump’s argument against Carroll being awarded punitive damages. It’s worth noting that this current case, referred to as “Carroll II,” was filed before the case that resulted in the May verdict against Trump. The original case, labeled as “Carroll I,” accused then-President Trump of defamation after Carroll made her rape claim public in 2019. Carroll’s second suit included the decades-old rape allegation and a defamation claim for post-presidency comments made by Trump.
Carroll was able to pursue the battery claim due to a New York law that established a one-year window for adult victims of sexual offenses to file civil suits, even if the statute of limitations on their claims had expired. While Trump did not testify in “Carroll II,” excerpts from his deposition last year were shown to the jury. Notably, the Manhattan District Attorney’s office, where Trump faces charges related to falsifying business records regarding hush money payments, issued a subpoena to review the entire deposition.
Trump has pleaded not guilty in the New York case, and his legal team has criticized the DA’s office, accusing them of engaging in a fishing expedition with the subpoena. The dismissal of Trump’s countersuit sets the stage for the upcoming trial and highlights the intricate legal battle between Trump and Carroll. As the proceedings continue, the public remains intently focused on the outcome, further unraveling the complex saga surrounding these two prominent figures.
Author: Ryan Scott
Just a guy
