Trump Gets Carroll Judge To Brand Him A Digital Rapist. Again.

"The trial court found that Trump was not acting within the scope of his official duties when he said Carroll's sexual assault allegations were part of hoax to gain money and help Democrats beat him, but Trump appealed to the Second Circuit, which punted to the DC Court of Appeals."

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"The court ruled that this statement could not be defamatory because it was substantially true because the jury found that Trump did rape her, albeit not within the narrow terms of the statute:nnIndeed, the jury's verdict in Carroll I establishes, as against Mr. Trump, the fact that Mr. Trump "raped" her, albeit digitally rather than with his penis."

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"As Donald Trump's legal troubles mount, his many civil issues have not gone away."

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"In the meantime, Trump steadily repeated the allegations after leaving office, and in 2022 Carroll filed a second defamation suit (Carroll II) over his later statements, plus a battery count under New York's newly enacted Adult Survivors Act."

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"Carroll's original lawsuit (Carroll I), filed in 2019, was delayed multiple years by Trump's attempt to get the government to substitute itself as defendant."

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"The court went on to reject several of Trump's affirmative defenses, including his claim that the jury verdict precludes punitive damages in the second trial."

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"Trump has tried to spin this as a victory of sorts, insisting that the jury found that Carroll lied about the attack."

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"In May of this year, a jury awarded Carroll $5 million in the second suit, finding that Trump sexually abused and defamed her, but not that he had raped her within the narrow confines of New York's Penal Law."

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"Judge Kaplan similarly tossed Trump's claims to absolute presidential immunity for statements made while in office, an argument he failed to make during the first three years of this case."

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""E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019.""

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"In any case, the Carroll II jury's Penal Law rape finding does not even establish, as against Ms. Carroll, Mr. Trump's contention that he did not penetrate her with his penis, i.e., that he did not rape her within the meaning of the Penal Law."

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"Once again, Trump's lawyers managed to get the court to call him a rapist on the public docket, and walked away with nothing."

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"Judge Kaplan already said this one wasn't going to fly, and he repeated that this morning:nnThere is nothing new in the amended complaint that would make Mr. Trump's presidential immunity defense any more viable or persuasive now than it would have been before."

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"Only when it became clear that the DOJ's bid to step into his shoes as defendant was going to fail did Trump assert this immunity, and then claimed he could not have waived it because it was unwaivable."

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"In addition to the civil prosecution by the New York Attorney General, Trump has several defamation LOLsuits and appeals pending, as well as the second E. Jean Carroll suit."

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"The court disagreed, noting that that the jury did find that Trump forcibly penetrated Carroll with his fingers, if not his penis, that this conduct meets the legal definition of rape in multiple jurisdictions, and that is consistent with most people's colloquial definition of the term."

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"In addition to the counterclaim, Trump pointed to the verdict in a motion for a new trial or remittitur, a motion for collateral estoppel seeking to limit the damages allowable in Carroll I based on the jury verdict in Carroll II, and a motion to block Carroll from amending her complaint to replace the word "rape" with "sexual assault.""

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"In his counterclaim, Trump pointed to an interview Carroll gave on CNN after the verdict during which she was asked how she felt when the jury rejected the rape claim."

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"The court branded Trump a "digital" rapist, and continued to do so today in the order dropkicking the countersuit along with several of Trump's affirmative defenses."

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"Finally, the court had substantial side-eye for Trump's handwaving about "one or more immunities, including, but not limited to, under the Constitution of the United States."nn"Mr. Trump's third affirmative defense is stricken to the extent it asserts an absolute presidential immunity defense, and is not stricken in any other respect, if there is any."

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