Trump’s Counterclaim in E. Jean Carroll Case Dismissed

Facts

• US District Judge Lewis Kaplan on Monday dismissed former president Donald Trump’s countersuit against writer E. Jean Carroll, against whom he was found to have committed sexual abuse in the 1990s in a civil suit concluding earlier this year.¹
• The suit did not find that Trump had raped Carroll, but Kaplan ruled that Carroll’s public use of the term “rape” in the aftermath of that decision was “substantially true” and not proven to be uttered with actual malice against the former president.¹
• After she won her $5M claim against Trump in May, Carroll appeared on CNN and said “he did” rape her, prompting the ex-president to file his own defamation suit.²
• Kaplan’s 24-page ruling followed his July statement that the jury’s verdict was based on the New York Penal Law’s definition of “rape.” He found that, within common modern parlance, the actions the jury determined Trump was guilty of would qualify as “rape.”³
• While Carroll’s 2022 suit dealt with conduct taking place before Trump took presidential office, a parallel suit filed by Carroll is seeking damages for statements he made while in the White House — a trial is scheduled to begin in January 2024.⁴
• Reports suggest that Trump, who has previously failed to argue for retrial, intends to appeal Kaplan’s latest ruling.⁵

Sources: ¹USA Today, ²Al Jazeera, ³CBS, ⁴New York Times and ⁵New York Post.

Narratives

• Anti-Trump narrative, as provided by Newsweek. It’s not surprising that Kaplan added this case to Trump’s laundry list of losses. Like most of Trump’s barrage of suits and countersuits, this one lacked substance and was likely intended as a delay tactic. Trump seemingly can’t keep quiet on the Carroll matter, so he’s eventually going to have to pay another steep price, and might face additional suits from her in the future.
• Pro-Trump narrative, as provided by FOX News. Kaplan continues to be hostile to Trump and his lawyers, and this case is obviously part of the witch hunt against the former president. Most of Trump's comments relating to Carroll have been part of his denial of criminality, or were legitimate criticism of her inaccurate claims about the jury’s previous ruling. Trump should be entitled to the same freedom of speech rights as every American, rather than having cases brought against him every time he refers to someone who's intent on smearing his public image.

Predictions