A US judge on Monday dismissed Donald Trump’s defamation counterclaim against the writer E Jean Carroll, who won a $5 million (€4.5 million) jury verdict for defamation and sexual assault against the former president in May.
Trump had sued Carroll for defamation after she said “oh yes, he did; oh yes, he did” when asked on CNN about the jury’s finding that he had not raped her, but that he was liable for sexual assault.
He also objected to Carroll recounting how she had told his lawyer “he did it and you know it” shortly after the verdict was read.
US District Judge Lewis Kaplan in Manhattan said Trump’s defamation claim must be dismissed because Carroll’s statements were at least “substantially true,” and Trump failed to show that Carroll made them with actual malice.
Kaplan previously said there had been convincing proof that Trump “deliberately and forcibly” penetrated Carroll’s vagina with his fingers, causing immediate pain and long-lasting emotional and psychological harm to Carroll.
The verdict reflected that “Mr. Trump ‘raped’ her, albeit digitally rather than with his penis,” Kaplan wrote on Monday. “Thus, it establishes against him the substantial truth of Ms Carroll’s ‘rape’ accusations.”
Kaplan also struck some of Trump’s affirmative defenses, including that he had “absolute presidential immunity” from being sued.
Alina Habba, a lawyer for Trump, said “We strongly disagree with the flawed decision and will be filing an appeal shortly.”
Lawyer Roberta Kaplan, who is not related to the judge and represents Carroll, said she was pleased with the decision, which means the scheduled Jan. 15, 2024 civil trial “will be limited to a narrow set of issues and shouldn’t take very long to complete.”
Trump had filed his counterclaim in a second defamation lawsuit by Carroll, where she is seeking at least $10 million. (€9 million)
Lawyers for Trump and Carroll did not immediately respond to requests for comment.