Donald Trump sexually abused and defamed E. Jean Carroll, jury says

[Zaune]

This was, I assume, and oversight on the part of the people who wrote the constitution.

Or an intentional choice to prevent an incumbent from screwing over a rival candidate by contriving for them to be convicted on a -hah!- trumped-up charge of some sort.

[LadyTevar]

BUT WAIT! THERE'S MORE!!

Trump Loses Bid to Throw Out Defamation Lawsuit

Donald Trump has lost his bid to throw out the first defamation lawsuit brought against him by E Jean Carroll.

On Thursday, US district judge Lewis Kaplan in Manhattan rejected the former president’s claims that he had absolute presidential immunity from the civil case, paving the way for the magazine columnist to pursue around $10m in damages from him.

The former president had claimed that he had absolute presidential immunity from the lawsuit and that many of his statements about the magazine columnist were protected under free speech rights because they were his opinion.

He argued that Ms Carroll “consented” to his statements by purposely waiting decades to go public, until he was in the White House, leaving him “no choice” but to defend himself.

Ultimately, he said the case should be thrown out.

On Thursday, US district judge Lewis Kaplan in Manhattan dismissed this claim saying there was no merit to his argument and that Mr Trump surrendered absolute presidential immunity as a defence by failing to assert it years ago when the lawsuit was first filed.

The judge also reminded Mr Trump that presidential immunity is not a “get-out-of-damages-liability-free card” that allowed him to say or do anything he wanted “even if that conduct is disconnected entirely from an official function”.

Judge Kaplan added that he also took into consideration that Ms Carroll is now 79 years old and has been pursuing these claims against Mr Trump for the last three-and-a-half years.

“There is no basis to risk prolonging the resolution of this litigation further by permitting Mr Trump to raise his absolute immunity defense now at the eleventh hour when he could have done so years ago,” he said.

Ms Carroll’s attorney Robbie Kaplan, who is unrelated to the judge, welcomed the ruling, saying that it “confirms that once again, Donald Trump’s supposed defences to E Jean Carroll’s defamation claims don’t work”.

She added: “Today’s decision removes one more impediment to the January 15 trial on E Jean’s defamation damages in this case.”

Mr Trump’s lawyers did not immediately comment on what marks the latest blow to his legal battle with Ms Carroll.

The ruling is in relation to the first of two defamation lawsuits Ms Carroll filed in 2019 when she first came forward with allegations that Mr Trump raped her in a dressing room in Manhattan department store Bergdorf Goodman in 1996.

She said that she and Mr Trump randomly bumped into each other and they got chatting, before Mr Trump pinned her against a wall in a dressing room and sexually assaulted her.

Mr Trump repeatedly stalled proceedings in the lawsuit but – after New York state passed the Adult Survivors Act taking away the statute of limitations on rape allegations – she filed a second suit.

In a trial for the second suit, a jury found that Mr Trump did sexually abuse Ms Carroll and that he then defamed her when he denied it. The jury did not find Mr Trump liable for rape. Ms Carroll was awarded $5m in the verdict.

This week, the former president countersued Ms Carroll in that case, claiming that she defamed him in a CNN interview after the verdict where she doubled down on the rape accusation.

Ms Carroll meanwhile has already brought new defamation claims against Mr Trump in that case after he continued to deny the assault took place despite the verdict.

[bilateralrope]

Trump lawyer vows to appeal verdict that E. Jean Carroll calls a ‘great victory’: Highlights

Former President Donald Trump attended today's closing arguments briefly before storming out of court. He was not in the courtroom when the verdict was read.

Updated Jan. 27, 2024, 1:55 PM NZDT
By NBC News

What to know about E. Jean Carroll’s defamation damages case:

• A New York jury reached a quick verdict awarding E. Jean Carroll $83.3 million in damages in her suit that former President Donald Trump defamed her.
• Trump stormed out of the closing arguments, leaving the courtroom while an attorney representing Carroll spoke. He returned to hear his own attorney speak.
• After the verdict, Trump called it "absolutely ridiculous" and said an appeal was forthcoming. Carroll called the verdict a "great victory."
• A jury found Trump liable last year for sexually abusing Carroll in a New York department store in the 1990s and defaming her after she wrote about the incident.

After only several hours of deliberations, a federal jury in New York returned its damages verdict against Trump, ordering him to pay Carroll $83.3 million in compensatory and punitive damages for defaming her. The case stems from Trump’s defamatory comments about Carroll after she accused him of sexually assaulting her in the 1990s.

Another loss for Trump.

[LadyTevar]

Trump lawyer vows to appeal verdict that E. Jean Carroll calls a ‘great victory’: Highlights

Former President Donald Trump attended today's closing arguments briefly before storming out of court. He was not in the courtroom when the verdict was read.

After only several hours of deliberations, a federal jury in New York returned its damages verdict against Trump, ordering him to pay Carroll $83.3 million in compensatory and punitive damages for defaming her. The case stems from Trump’s defamatory comments about Carroll after she accused him of sexually assaulting her in the 1990s.

Another loss for Trump.

I do not know if it's true, but it's going around on FB that for Trump to Appeal this decision, NYState requires the FULL AMOUNT OF THE DECISION to be put in Escrow/Bond pending the Appealate Court's decision.

I'm not sure where to find confirmation for that information, but IF IT IS TRUE -- I really dont think Trump will be able to put up the money. Fuck, I don't think he'd have the money without robbing the Campaign War Chest, which would be a HUGE Violation of several rules about use of Campaign Funds.
Of course, since a lot of people already assume he's been robbing the Campaign Fund to pay his lawyers and other trial fees... it's only a matter of time before someone demands an Audit.

[bilateralrope]

I couldn't find anything about any escrow requirement with Google.

But if escrow is required for this case, it might also be required for the civil fraud case. The judge there is aiming for a verdict by the 31st. The NY AG is seeking $370 million there.

Trump's options might be rob the campaign chest and/or declare bankruptcy very soon.

[Broomstick]

It's not like Trump hasn't filed for bankruptcy before...

Of course, not when he's so much in the spotlight, and I think this time it would be for his personal finances rather than for a business.

[LaCroix]

Correct me if I'm wrong, but afaik, bankruptcy does not work towards court damages. or was that only court fines?

[Broomstick]

It's... complicated. But no, it usually doesn't apply to debts incurred due to the person's own wrongdoing which includes court verdicts.