NY – Ex POTUS Donald Trump, sued by E. Jean Carroll for defamation, Trial 15 Jan 2024


A federal judge on Thursday set E. Jean Carroll's second defamation trial against former President Donald Trump for early next year.

In a brief scheduling order, U.S. District Judge Lewis A. Kaplan said the civil trial will commence on Jan. 15.

Kaplan on Tuesday had granted Carroll's motion to file an amended complaint in the still-pending case against the former president seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall last month.
 

Second Trump defamation trial brought by E Jean Carroll set for January 2024​

The ex-president is being sued for $10m by the New York writer who already was awarded $5m in an earlier trial against Trump

[...]

The timetable raises the prospect that Trump might have to defend himself in three trials early next year as he seeks the 2024 Republican presidential nomination, a contest in which he is now the frontrunner.

[...]

Carroll’s lawyer Roberta Kaplan, who is not related to the judge, said her client looks forward to moving expeditiously on her claims.

A lawyer and a spokesperson for Trump did not immediately respond to requests for comment.

[...]

On Tuesday, Judge Kaplan allowed Carroll to amend her lawsuit over Trump’s 2019 comments to include similar comments he made recently on CNN.

In a town hall the day after the $5m verdict, Trump called Carroll’s account “fake” and labeled her a “whack job”.

 
Former US President Donald Trump sued E. Jean Carroll for defamation, alleging she falsely accused him of rape after a jury in a civil trial found that he sexually abused her https://reut.rs/3Xtl6cs

 
Former US President Donald Trump sued E. Jean Carroll for defamation, alleging she falsely accused him of rape after a jury in a civil trial found that he sexually abused her https://reut.rs/3Xtl6cs


Roberta Kaplan has since responded ...


"Donald Trump again argues, contrary to both logic and fact, that he was exonerated by a jury that found that he sexually abused E Jean Carroll".
"Trump's filing is thus nothing more than his latest effort to delay accountability for what a jury has already found to be his defamation of E Jean Carroll," she said.
"But whether he likes it or not, that accountability is coming very soon."

 
Miles Taylor's (a DHS chief of staff under Trump) book will be released in a couple of weeks. I wonder if he will be the next one on DT's lawsuit list.


“Aides said he talked about Ivanka Trump’s breasts, her backside, and what it might be like to have sex with her, remarks that once led John Kelly to remind the president that Ivanka was his daughter,”

“Afterward, Kelly retold that story to me in visible disgust. Trump, he said, was ‘a very, very evil man.’”

Trump has repeatedly been accused of sexual misconduct in the workplace and beyond.

 
Last edited:
JUN 29, 2023
The judge said Thursday that presidential immunity was meant to protect the president from distraction from public duties but did not amount to a “‘get out of damages liability free’ card that permits the president to say or do anything he or she desires even if that conduct is disconnected entirely from an official function.”

“Subjecting the president to damages liability for making a personal attack that is unrelated to the president’s official responsibilities would not threaten to distract the president from his or her official duties,” Kaplan said.
 
I saw the other day 45 said he is the only president not descended from slave owners.
AFAIK, his father was of Austrian descent (surname of Drumpf changed to Trump) and his mother is of Scottish descent.

If his descendants weren’t slave owners in the US, and that is unique for former presidents, one factor could be they were more recently arrived immigrants from less agrarian societies, compared to the long established British immigrants who were tobacco and cotton and indigo farmers who wouldn’t have been able to turn a profit without slavery.

I wonder what the point of that info was, just to state a fact? Or to try to demonstrate he’s cut from a different cloth than other former presidents?

MOO
 
Adam Klasfeld
@KlasfeldReports


News— The DOJ reverses itself in @EJeanCarroll v. Trump — deciding that the former president isn't entitled to Westfall Act immunity after all for his comments while in office.

The Justice Department explains why it "lacks adequate evidence to conclude" — under the legal guidance given to them by appellate courts — that Trump acted under the scope of his employment when he told reporters that Carroll wasn't his type.

https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.177.1.pdf
 

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Adam Klasfeld
@KlasfeldReports


News— The DOJ reverses itself in @EJeanCarroll v. Trump — deciding that the former president isn't entitled to Westfall Act immunity after all for his comments while in office.

The Justice Department explains why it "lacks adequate evidence to conclude" — under the legal guidance given to them by appellate courts — that Trump acted under the scope of his employment when he told reporters that Carroll wasn't his type.

https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.177.1.pdf

Is this something new? I thought this was established already.
 
Adam Klasfeld
@KlasfeldReports


News— The DOJ reverses itself in @EJeanCarroll v. Trump — deciding that the former president isn't entitled to Westfall Act immunity after all for his comments while in office.

The Justice Department explains why it "lacks adequate evidence to conclude" — under the legal guidance given to them by appellate courts — that Trump acted under the scope of his employment when he told reporters that Carroll wasn't his type.

https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.177.1.pdf
Could someone explain this? Never heard of this.
 
The Department of Justice said in a court filing on Tuesday it can no longer conclude former President Trump was acting within the scope of office when he denied a writer's rape accusations and made allegedly defamatory remarks about her in 2019.

Why it matters: Trump previously attempted to delay proceedings for E. Jean Carroll's lawsuit over his remarks by arguing that he should be granted immunity because he made the comments at issue while speaking to the media as president.

  • The Justice Department previously defended Trump in the lawsuit, arguing that the law governing tort lawsuits against public officials permitted its defending the former president in the case.
  • Its reversal is a major blow to Trump's defense in the case and adds to the myriad legal perils already bearing down on the 2o24 presidential candidate.
What they're saying: “We are grateful that the Department of Justice has reconsidered its position," Robbie Kaplan, Carroll's attorney in the case, said in a statement on Tuesday.

  • "We have always believed that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will, and spite, and not as President of the United States."
 

The Justice Department said on Tuesday it was no longer claiming, under the Westfall Act, that former President Donald Trump was acting within the scope of his office and employment as president of the United States when he allegedly defamed the writer E. Jean Carroll in 2019.

Carroll's initial defamation lawsuit, filed in 2019, has been tied up in the courts over the question of whether Trump's denial of Carroll's rape claim was part of his official duties, as he argued.

The development, which could clear the way for Carroll's initial 2019 lawsuit against then-President Trump to proceed, came on the same day that Carroll's attorney argued for the dismissal of a counterclaim Trump filed against Carroll in a separate but related case.

Carroll's 2019 lawsuit is scheduled for trial in January.
 

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