Court rejects Trump’s request in rape case
2023.03.28 19:15
Court rejects Trump’s request in rape case
By Tiffany Smith
Budrigannews.com – A US judge rejected Donald Trump’s request on Tuesday to dismiss E. Jean Carroll’s defamation claim in the high-profile trial next month to determine whether Trump raped the former Elle magazine columnist in the middle of the 1990s.
Trump’s claim that “absolute litigation privilege” protected the former president from allegedly defaming Carroll on his Truth Social media platform on Oct. 12 by denying the rape occurred was rejected by U.S. District Judge Lewis Kaplan in Manhattan.
Requests for clarification were not immediately answered by Trump’s lawyers.
The alleged rape of Carroll by Trump in a Manhattan Bergdorf Goodman department store dressing room in late 1995 or early 1996 is the subject of the trial scheduled for April 25.
Carroll is likewise chasing after a battery guarantee under a New York regulation that lets sexual maltreatment survivors sue their supposed assailants long after legal time limits have expired.
Trump stated in a post on October 12 that he did not know Carroll, that she made up the rape claim in order to promote her memoir, and that the claim was a “complete scam,” “liar,” and “hoax.”
Carroll’s lawsuit, which is still pending five months later, was sparked by the fact that the post substantively repeated numerous remarks that Trump made in June 2019 at the White House.
Trump claimed that Carroll’s defenses and earlier lawsuit were the subject of his post, which was protected.
However, the appointed authority said Trump’s post was neither a “report of any legal procedure” nor a “fair and genuine report” of such a procedure that would legitimize resistance.
Kaplan wrote, “Instead, it is an amalgamation of Mr. Trump’s personal views and comments on a wide range of subjects, including this court, Ms. Carroll and her rape accusation against him, CNN and its journalist Anderson Cooper, and Ms. Carroll’s counsel.”
Kaplan went on to say, “The way it is stylized… belies the notion that Mr. Trump was even attempting to provide a fair and true report of a judicial proceeding.”
A grand jury appointed by Manhattan District Attorney Alvin Bragg has yet to decide whether to indict Trump for his alleged involvement in a hush money payment to porn star Stormy Daniels prior to the 2016 U.S. presidential election.
Outside the Manhattan Criminal Court, where Trump, who is currently running for the White House for the third time, would have to defend himself against any charges, security has been increased.
As a result of the “extensive pre-trial publicity” and the “very strong risk that jurors will fear harassment, unwanted invasions of their privacy, and retaliation,” Kaplan stated last week that Trump will receive an anonymous jury in Carroll’s case.
Carroll v. Trump, No. 22-10016 in the United States District Court for the Southern District of New York.
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