Judge tosses Trump defamation suit against Carroll
after finding that Trump sexually abused Carroll and defamed her were false or “not at least substantially true,” which is the legal standard.
Trump sued Carroll in June based on her response to questions posed on CNN. Carroll was asked about the verdict finding Trump sexually abused Carroll, but did not rape her as defined under New York law and as she alleged. Carroll said, “Oh, yes he did.” In throwing out Trump’s lawsuit, the judge wrote, “Indeed, the jury’s verdict in Carroll II establishes, as against Mr Trump, the fact that Mr Trump ‘raped her’, albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms Carroll’s ‘rape’ accusations.”
Kaplan added: “In consequence, there is no merit to Mr Trump’s argument that the jury’s finding on Penal Law ‘rape’ question established that Ms Carroll’s statements were false even if her statements reasonably could be construed as referring to ‘rape’ in that specialized Penal Law sense, a subject on which this Court now expresses no view.”Trump is set to go to trial in January on another defamation lawsuit brought by Carroll in 2019 for statements Trump made while he was president.
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