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

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CARROLL, again: Trump’s railing against DOJ for walking away from defending the first-filed Carroll case. And he’s accusing Carroll yet again of making up her story for publicity & to sell books & insists she is someone “I don’t know, have never known, and don’t want to know.”

While his posts this morning also take aim at the judge, the jury, and her lead counsel, the statements about Carroll are substantially similar to those already found to be defamatory & his post-verdict comments on CNN, for which Carroll is seeking $10m in punitive damages.

So here’s a conundrum for Carroll’s counsel: When the defendant keeps trashing your client with false statements, is there any quantum of punitive damages that can deter or punish him?


www.rawstory.com

Trump quadruples down on E. Jean Carroll smears: 'The statements I made about her are all true'

Donald Trump raged after losing his protection by the Department of Justice in the ongoing defamation case brought by writer E. Jean Carroll.The department notified lawyers for Trump and Carroll that it no longer believed the former president had acted within the scope of his office when he...
www.rawstory.com www.rawstory.com

"The DOJ will not defend me in the E. Jean Carroll civil case, which is all part of the political Witch Hunt, lawyered up by a political operative who I just beat in another case, financed by a big political funder, and 'judged' by a Clinton appointee who truly hates 'TRUMP,''" the ex-president posted on his Truth Social website. "The statements that I made about Carroll are all true. I didn’t Rape her (I won that at trial) and other than for this case, I have NO IDEA WHO SHE IS, WHAT SHE LOOKS LIKE, OR ANYTHING ABOUT HER."
 
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Trump melts down on Truth Social after DOJ says it will no longer shield him in E. Jean Carroll case​

www.yahoo.com

Trump melts down on Truth Social after DOJ says it will no longer shield him in E. Jean Carroll case

Trump's attacks on Carroll were "not sufficiently motivated by a purpose to serve the government," DOJ says
www.yahoo.com www.yahoo.com

Trump spouted off on Truth Social early Wednesday, bemoaning the DOJ and the judge, asserting that his comments about Carrol were true and claiming the defamation case was another leg of the "political Witch Hunt" against him.

"The DOJ will not defend me in the E. Jean Carroll civil case, which is all part of the political Witch Hunt, lawyered up by a political operative who I just beat in another case, financed by a big political funder, and 'judged' by a Clinton appointee who truly hates 'TRUMP,'" he wrote in the first of three posts. "The statements that I made about Carroll are all true. I didn't Rape her (I won that at trial) and other than for this case, I have NO IDEA WHO SHE IS, WHAT SHE LOOKS LIKE, OR ANYTHING ABOUT HER…."
 
Cool Cats said:

Trump melts down on Truth Social after DOJ says it will no longer shield him in E. Jean Carroll case​

www.yahoo.com

Trump melts down on Truth Social after DOJ says it will no longer shield him in E. Jean Carroll case

Trump's attacks on Carroll were "not sufficiently motivated by a purpose to serve the government," DOJ says
www.yahoo.com www.yahoo.com

Trump spouted off on Truth Social early Wednesday, bemoaning the DOJ and the judge, asserting that his comments about Carrol were true and claiming the defamation case was another leg of the "political Witch Hunt" against him.

"The DOJ will not defend me in the E. Jean Carroll civil case, which is all part of the political Witch Hunt, lawyered up by a political operative who I just beat in another case, financed by a big political funder, and 'judged' by a Clinton appointee who truly hates 'TRUMP,'" he wrote in the first of three posts. "The statements that I made about Carroll are all true. I didn't Rape her (I won that at trial) and other than for this case, I have NO IDEA WHO SHE IS, WHAT SHE LOOKS LIKE, OR ANYTHING ABOUT HER…."
Click to expand...
Have they trademarked this saying for campaign tee shirts yet? IMO
 
Cool Cats said:

Trump melts down on Truth Social after DOJ says it will no longer shield him in E. Jean Carroll case​

www.yahoo.com

Trump melts down on Truth Social after DOJ says it will no longer shield him in E. Jean Carroll case

Trump's attacks on Carroll were "not sufficiently motivated by a purpose to serve the government," DOJ says
www.yahoo.com www.yahoo.com

Trump spouted off on Truth Social early Wednesday, bemoaning the DOJ and the judge, asserting that his comments about Carrol were true and claiming the defamation case was another leg of the "political Witch Hunt" against him.

"The DOJ will not defend me in the E. Jean Carroll civil case, which is all part of the political Witch Hunt, lawyered up by a political operative who I just beat in another case, financed by a big political funder, and 'judged' by a Clinton appointee who truly hates 'TRUMP,'" he wrote in the first of three posts. "The statements that I made about Carroll are all true. I didn't Rape her (I won that at trial) and other than for this case, I have NO IDEA WHO SHE IS, WHAT SHE LOOKS LIKE, OR ANYTHING ABOUT HER…."
Click to expand...
Why is he writing his own name in all caps and it quotes, lol
 
@eorden


Judge Kaplan has denied Trump's motion for a new trial in the Carroll case. "The jury in this case did not reach 'a seriously erroneous result.' Its verdict is not 'a miscarriage of justice.'"




“The finding that Ms. Carroll failed to prove that she was 'raped' within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump 'raped' her as many people commonly understand the word ‘rape,’” the opinion declares. “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”

 
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news.yahoo.com

Trump loses bid for new trial in E. Jean Carroll case as legal woes mount

A federal judge rejected Donald Trump's request for a new trial after a jury found the former president liable for sexually abusing and defaming E. Jean Carroll, the author who says he raped her in the dressing room of a New York department store in the 1990s.
news.yahoo.com news.yahoo.com

In a 59-page decision issued Wednesday, U.S. District Judge Lewis Kaplan dismissed Trump's arguments for reducing damages to less than $1 million, saying the verdict was neither a "seriously erroneous result" nor a "miscarriage of justice."
 
AUG 7, 2023
Judge dismisses Trump's defamation lawsuit against Carroll for statements she made on CNN | CNN Politics
[...]

In throwing out Trump’s lawsuit, the judge wrote, “Indeed, the jury’s verdict in Carroll II establishes, as against Mr Trump, the fact that Mr Trump ‘raped her’, albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms Carroll’s ‘rape’ accusations.”

[...]

“We are pleased that the Court dismissed Donald Trump’s counterclaim,” said Carroll’s attorney, Roberta Kaplan. “That means that the January 15th jury trial will be limited to a narrow set of issues and shouldn’t take very long to complete. E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019.”

[...]

“We strongly disagree with the flawed decision and will be filing an appeal shortly,” said Alina Habba, an attorney for Trump.
 

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sds71 said:
KlasfeldReports

A federal judge rejects Trump's FOURTH bid to halt E. Jean Carroll's case, calling the motion "yet another such attempt to delay unduly the resolution" of the litigation and certifying that the appeal is "frivolous."

Background, https://themessenger.com/politics/trump-counterclaim-dismissed-e-jean-carroll-rape-allegatio
Click to expand...

winknews.com

Judge won’t delay Trump’s defamation claims trial, calling the ex-president’s appeal frivolous

A New York federal judge expressed growing impatience Friday with what he calls ex-President Donald Trump’s “repeated efforts to delay” a defamation lawsuit against him
winknews.com winknews.com

Carroll’s lawyers are planning for the January trial to consist solely of a damages phase, relying on the May jury’s verdict regarding sexual abuse.

Kaplan has rejected Trump’s claims that he is entitled to immunity because he was president when he commented in 2019.

His lawyers asked Kaplan to put the January plans on hold, saying there was a substantial likelihood Trump would succeed on appeal.

Kaplan said Friday the arguments were “without merit” and Trump had “shown no likelihood of success on appeal.”

Thus, Kaplan ruled, “this Court certifies that Mr. Trump’s appeal is frivolous.”
 
  • Judge Lewis Kaplan, as part of that ruling, said the upcoming trial for Carroll’s civil lawsuit against Trump will only deal with the question of how much the former president should pay her in monetary damages.

www.cnbc.com

Trump suffers big loss in E. Jean Carroll defamation case, judge says he's liable

Donald Trump is set to stand trial in a defamation case by E. Jean Carroll just as the 2024 Republican presidential nomination primaries are set to start.
www.cnbc.com www.cnbc.com

 
@jentaub

Hearing before Second Circuit began today at 10. Donald Trump is trying to delay the Carroll I trial (based on his defamation of her from 2019
 

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abcnews.go.com

E. Jean Carroll's original defamation suit against Trump should be paused, his attorney argues

Writer E. Jean Carroll's original defamation lawsuit against former President Trump should be paused to give him time to invoke an immunity defense, his attorney argues.
abcnews.go.com abcnews.go.com
"President Trump would be incredibly hurt by the fact that he would have to go to trial on a case where he would likely just not even have a trial heard because of presidential immunity," Habba said.

Matz also argued that Carroll deserves to have her day in court without competition from the other civil and criminal trials Trump faces.

"In light of Mr. Trump's remaining trial schedule for 2024, we would very much hope that trial date doesn't move," Matz said. "If it gets pushed back, between the other trial dates and the election calendar, the reality is it might be very difficult to find another trial date in 2024."
 
Okay - only one day late - but I shall go ahead & post this - so I can shorten it up a bit! :)
The Judge did NOT come to a decision - did he?


Tuesday, Sept. 12th:
*Motions Hearing (@ am ET) - New York – E. Jean Carrol vs. Donald John Trump. Amended complaint against Trump seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall on 5/10/23.
U.S. District Judge Lewis A. Kaplan
Trump’s attorneys Alina Habba & Michael T. Madaio
These defamation charges were postponed by Judge Lewis Kaplan on 3/30/23. Carroll's first defamation lawsuit against Trump was filed in November 2019. But that case has been put on hold while Trump argues that a federal law protects him from being sued for defamation for comments he made while president. And was amended to Trump’s comments made on 5/10/23.
Trial set to begin on 1/15/24.
5/22/23 Update: “The court filing on Monday argues Mr. Trump’s defamatory statements following the verdict “show the depth of his malice toward Carroll, since it is hard to imagine defamatory conduct that could possibly be more motivated by hatred, ill will or spite.” Monday’s filing came in a separate defamation lawsuit that Ms. Carroll had filed in 2019 against Trump which is before the same judge who presided in the civil trial but had been sidetracked by appeals. In a new complaint filed on Monday, Ms. Carroll is seeking unspecified damages for remarks Trump made a day later during a town hall event on CNN. It is part of a lawsuit filed in 2019. Seeking “very substantial” monetary damages from Trump for his scathing remarks about her at a CNN town hall on the heels of losing a $5 million lawsuit. Carroll’s move came as her lawyers asked a Manhattan federal court judge for permission to amend the original defamation lawsuit she filed against Trump to reflect his new statements about her, which they say likewise are defamatory.
6/6/23 Update: Lawyers for Trump are attempting to block a long-stalled defamation suit by Carroll by using her successful $5 million verdict in a different case she won against him. The Manhattan federal court filing argues that Trump could not have defamed Carroll by denying her rape accusation in the pending case because a jury in the other case found him liable for sexually abusing her, but not rape. The “operative question in this case is, and has always been, whether a rape occurred in the Bergdorf Goodman dressing room," the filing said, and the jury "found that one did not.”
6/13/23 Update: A federal judge will allow E. Jean Carroll to amend her original defamation lawsuit against Trump to include comments he made at a CNN town hall (on 5/10/23). Trump’s lawyer opposed the amendment & said they wanted to move to dismiss the original lawsuit, which deals with comments Trump made while president & has been held up on appeal. Judge Lewis Kaplan called on the Justice Dept. to make that determination by 7/13/23 & weigh in on whether it still believed that Trump was acting within the scope of his employment when he made the comments in 2019.
6/15/23 Update: Carroll's remaining defamation case against Trump will go to trial on 1/15/24, unless it has been "entirely disposed of" before then, A federal judge said in a scheduling order. Judge Kaplan on Tuesday had granted Carroll's motion to file an amended complaint in the still-pending case against Trump seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall on 5/10/23. In a town hall the day after the $5m verdict, Trump called Carroll’s account “fake” & labeled her a “whack job”.
6/22/23 Update: Trump's claim that a jury sided with him when it agreed he didn't rape an advice columnist in a luxury Manhattan department store in the 1990s was an erroneous interpretation of the jury's $5 million award 7 its finding that he sexually abused her, her lawyers said Thursday. The lawyers urged a federal judge to reject a request by Trump's attorneys that he lower the amount for sexual abuse 7 defamation awarded to Carroll to less than $1 million or let another jury hear evidence about damages & make its own determination. The jury awarded $2 million in compensatory damages for sexual abuse. Most of the rest of the $5 million award was for defamation. Trump’s lawyers said the sex abuse award was grossly excessive & the rest was based on pure speculation.
6/23/23 Update: Lawyers for Trump asked a judge on Friday to sign off on an agreement with Carroll’s attorneys to transfer $5,550,000 to a court-controlled account in a step toward satisfying the judgment from the defamation lawsuit. The agreement is Trump’s first step toward paying Carroll after a jury awarded her $5 million in damages after finding Trump sexually abused & defamed Carroll. Courts often require 111% of an award while a judgment is on appeal. As part of the agreement, which requires approval from the judge & could be modified, Carroll would not have access to the funds until after all appeals, including potentially to the US Supreme Court, are satisfied. Trump’s attorneys said they currently have the $5,550,000 set aside in a trust account. A federal judge approved the plan late Friday. Trump’s attorneys have asked the judge for a new trial & have appealed the judgment.
6/27/23 Update: Trump counter sues 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. Trump’s court filing Tuesday is a counterclaim in a separate 2019 defamation lawsuit Carroll filed against him that is set to go to trial in January. While Carroll won the first trial, Trump has interpreted the verdict as a victory, of sorts, because of the finding on rape. A Trump lawyer had previously been denied court permission to file a counterclaim against Carroll in her defamation case because the request was made too late. The case is Carroll v. Trump, 22-cv-10016, US District Court, Southern District of New York (Manhattan).
6/29/23: Memorandum opinion denying defendant's Motion for summary judgment. Judge Kaplan has *rejected* Trump's belated claim of "presidential immunity". He rules that Trump failed to raise the immunity in a timely way — and even if he didn't, the claim would fail. 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.
7/11/23 Update: The DOJ reverses itself in Carroll 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.
7/19/23 Update: Memorandum Opinion DENYING defendant's Rule 59 Motion. Judge Lewis A. Kaplan has denied Trump's motion for a new trial in the Carroll case. "The jury in this case did not reach 'a seriously erroneous result.' Its verdict is not 'a miscarriage of justice.'" “The finding that Ms. Carroll failed to prove that she was 'raped' within the meaning of the New York Penal Law does not mean that she failed to prove that Trump 'raped' her as many people commonly understand the word ‘rape,’” the opinion declares. “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”
see link: https://storage.courtlistener.com/r...d.590045/gov.uscourts.nysd.590045.212.0_1.pdf
8/2/23 Update: Carrol has moved for summary judgment on her first filed defamation case, arguing that the May trial already litigated all issues of liability & that a January, 2024 trial need only resolve the amount of her damages.
8/7/23: Memorandum opinion granting plaintiff's Motion to Dismiss defendant's counterclaim & certain purported affirmative defenses by U.S. District Judge Lewis A. Kaplan.
See link: https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.200.0.pdf
8/10/23 Update: Trump on Thursday appealed a judge’s dismissal of his claim that the writer E. Jean Carroll defamed him by accusing him of rape, though a jury that awarded her $5 million for defamation & sexual abuse did not make such a finding.
8/18/23 Update: Trump's motion for a stay pending appeal (4th motion/Dkt 185) is denied by U.S. District Judge Lewis A. Kaplan. Calling the motion "yet another such attempt to delay unduly the resolution" of the litigation & certifying that the appeal is "frivolous."
9/6/23 Update: Memorandum of Opinion. Judge Lewis Kaplan, as part of that ruling, said the upcoming trial for Carroll’s civil lawsuit against Trump will only deal with the question of how much the former president should pay her in monetary damages.
9/12/23 Update: Motions hearing before Second Circuit began today, 9/12/23 at 10am. Trump is trying to delay the Carroll I trial (based on his defamation of her from 2019. Judge Lewis Kaplan heard arguments from Trump’s defense attorney Alina Habba & Carroll’s attorney Joshua Matz.
 
news.yahoo.com

Appeals court to quickly consider Trump's presidential immunity claim in sex abuse case

A federal appeals court will quickly consider former President Donald Trump’s claim that presidential immunity protects him from being held liable for statements he made in 2019 when he denied that he sexually attacked a New York writer in the 1990s, the court said Wednesday. The 2nd U.S...
news.yahoo.com news.yahoo.com

In its two-page order Wednesday, the 2nd Circuit denied an application by Trump to stay lower-court proceedings during the appeal, but it said it was in the interest of all sides for the appeals court to resolve the issue of presidential immunity expeditiously.
 
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