Former President Donald Trump’s defamation countersuit against writer E. Jean Carroll has been dismissed by a federal judge. The judge ruled that Trump cannot claim defamation when Carroll continues to assert that she was not only sexually abused but raped by him. This ruling puts a stop, at least for now, to Trump’s attempt to turn the tables legally on Carroll, who recently won a $5 million judgment against him in a sex abuse lawsuit. Carroll is also pursuing her own defamation suit against Trump.
Trump’s lawyers plan to appeal the decision to dismiss his counterclaim, stating that it is a flawed decision. On the other hand, Carroll’s lawyer expressed satisfaction with the ruling and is looking forward to the defamation trial scheduled for January. The trial revolves around a series of statements made by Trump in which he denied Carroll’s sexual assault allegation.
Carroll’s accusation against Trump dates back to 1996 when she claimed that he trapped her in a dressing room, forcibly kissed her, yanked down her tights, and raped her as she resisted. Trump has vehemently denied these allegations, even questioning whether they ever crossed paths. He referred to Carroll as a nut job who fabricated a false story to sell a memoir.
During the recent trial, a civil court jury concluded that Trump had sexually abused Carroll but rejected her claim of rape. The distinction in legal terms depended on the jury’s perception of how Trump penetrated her against her will. Carroll’s lawyer quoted her post-verdict statements as being substantially true, and the judge agreed.
Judge Lewis A. Kaplan, in his ruling, stated that the difference between Carroll’s allegedly defamatory statements and the truth was minimal. He noted that both constituted felonious sex crimes and categorized them as rape, concluding that they were essentially the same thing. The ruling serves as a recognition that Carroll’s account holds legally and morally significant weight.
The dismissal of Trump’s defamation countersuit clears the path for Carroll to proceed with her own defamation case against him. It remains to be seen how the upcoming trial will unfold, but with this latest ruling, Carroll’s chances of obtaining additional damages and holding Trump accountable for his words seem to have increased.
