FILE PHOTO: Former U.S. President Donald Trump speaks during the Conservative Political Action Conference (CPAC) in Orlando, Florida, U.S. February 26, 2022. REUTERS/Octavio Jones/File Photo
NEW YORK 鈥� Donald Trump cannot sue E. Jean Carroll, a writer who says he raped her in the mid-1990s, on the grounds that her defamation lawsuit against him violated a New York state law intended to protect free speech, a federal judge ruled on Friday.
U.S. District Judge Lewis Kaplan in Manhattan accused the former U.S. president of 鈥渂ad faith鈥� by needlessly delaying the former Elle magazine columnist鈥檚 lawsuit, which began in November 2019 and could have 鈥渓ong ago鈥� been decided.
鈥淭he defendant鈥檚 litigation tactics, whatever their intent, have delayed the case to an extent that readily could have been far less,鈥� Kaplan wrote.
Letting Trump countersue 鈥渨ould make a regrettable situation worse by opening new avenues for significant further delay,鈥� he added. Kaplan also said it would be 鈥渇utile鈥� for Trump to prove that his counterclaim belonged in federal court.
Alina Habba, a lawyer for Trump, said: 鈥淲hile we are disappointed with the court鈥檚 decision today, we eagerly look forward to litigating this action and proving at trial that the plaintiff鈥檚 claims have absolutely no basis in law or in fact.鈥�
Roberta Kaplan, a lawyer for Carroll and not related to the judge, said she and her client 鈥渃ould not agree more鈥� that the case should be over by now.
Carroll, 78, accused Trump in a June 2019 book excerpt of raping her in late 1995 or early 1996 in a dressing room at the Bergdorf Goodman department store in midtown Manhattan.
She said Trump defamed her when he told a reporter he did not know Carroll, accused her of concocting the rape claim to sell her book, and said, 鈥淪he鈥檚 not my type.鈥�
鈥楩utile to countersue鈥�
In seeking dismissal and damages, Trump invoked New York鈥檚 鈥渁nti-SLAPP鈥� law, short for 鈥渟trategic lawsuits against public participation.鈥�
The November 2020 law had been meant to protect journalists and others from deep-pocketed companies and people who file frivolous lawsuits designed to silence critics.
Trump said Carroll鈥檚 lawsuit also violated that law because it was meant to harass him for speaking out.
But the judge said Trump offered 鈥渘o satisfactory justification鈥� for waiting 14 months after the law took effect to invoke it.
Trump is awaiting a decision from the federal appeals court in Manhattan on whether he is immune from Carroll鈥檚 lawsuit under a law shielding federal employees from defamation claims because he discussed her in his capacity as president.
Democratic President Joe Biden鈥檚 administration sided with Trump in that appeal, despite what it called the Republican鈥檚 鈥渃rude and offensive comments鈥� over Carroll鈥檚 鈥渧ery serious鈥� accusations.
Carroll鈥檚 lawyers are hoping to compare Trump鈥檚 DNA with a dress Carroll said she wore during the alleged rape.
They also wanted to question Trump under oath, but citing Trump鈥檚 delays, said last month this was no longer necessary.
The case is Carroll v Trump, U.S. District Court, Southern District of New York, No. 20-07311.
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