Trump loses another round to E. Jean Carroll

You probably remember that E. Jean Carroll brought a civil lawsuit against Donald Trump earlier this year. Trump had claimed on Truth Social in October 2022 that her allegations (that she was raped by him at a department store back in 1995) were a “con job.” Carroll sued him for defamation.

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In April, she testified in the trial, going into detail about what happened at the Bergdorf Goodman store. Two friends who she told about the incident soon after it happened also testified on her behalf. In May a jury partially sided with Carroll. They did not find Trump liable of rape but did find him liable for sexual abuse and ordered him to pay Carroll $5 million.

After that judgment, Carroll amended a previous lawsuit she had filed in 2019 when Trump denied her allegations. Today, a judge handed Carroll another big win, ruling that Trump’s liability in the amended case would not have to be proven all over again. Instead, the case would go forward in January only having to determine the amount of his liability.

Trump’s 2019 claim that the 79-year-old “Ask E. Jean” advice columnist had concocted the abuse charges “to get publicity” was a lie made with “actual malice,” Manhattan federal Judge Lewis Kaplan wrote…

The Wednesday decision is a major defeat for Trump in the case, and leaves the question of how much in damages the former president will be ordered to pay as the only open issue to be determined at trial.

Kaplan also rejected Trump’s bid to limit the damages award in the upcoming case because of the $5 million he was already ordered to pay.

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This is obviously a pretty big loss for Trump as he won’t be able to contest the assault at all. The judge also refused to limit damages meaning he could face another multi-million dollar judgment. However, Trump’s attorney suggested that both cases would both be overturned together on appeal.

Trump’s lawyer, Alina Habba, said, “We remain very confident that the Carroll II verdict will be overturned on appeal which will render this decision moot.”

“Carroll II” is the shorthand name for Carroll’s second lawsuit, which was the subject of the trial that ended in May.

Habba said she believes that a federal appeals court in New York will block the upcoming trial in Carroll’s first lawsuit from starting as scheduled “as it considers the meritorious defenses that have been raised by President Trump.”

Trump is appealing Judge Kaplan’s dismissal of his own claim that Carroll defamed the former president when she reiterated her claim that Trump had raped her. Trump’s argument is based on the fact that jurors at the trial in May had not found that he raped Carroll, but had instead sexually abused her.

In case that wasn’t clear, Trump doesn’t think he’ll have to face another trial in January because his appeal of the previous judgment from May is pending. Trump’s attorneys have asked to delay the trial over his 2019 comments until that appeal is settled. However, Carroll’s team has objected to any delays.

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Mr. Trump has also asked the U.S. Court of Appeals for the Second Circuit to delay the pending defamation trial, which is scheduled for Jan. 15, until an appeal by Mr. Trump related to the case is resolved.

Ms. Carroll opposes any delay, and the appeals court has scheduled oral arguments on the issue for Tuesday.

If Trump can get the new trial delayed because of his appeal and if he wins that appeal it would put an end to one of his legal problems. However, if Trump can’t get a delay or loses on appeal he will still be facing another judgment in the midst of the GOP primary. I don’t have any guesses which way this is going to go but so far Trump has lost to Carroll at every turn. If there’s a reason that’s about to change, I’m not sure what it is.

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