FILE PHOTO: E. Jean Carroll, former U.S. President Donald Trump rape accuser, arrives at Manhattan Federal Court for the continuation of the civil case, in New York City, U.S., May 9, 2023. REUTERS/David 鈥楧ee鈥� Delgado
NEW YORK 鈥� A federal judge on Thursday rejected Donald Trump鈥檚 bid to dismiss the first of writer E. Jean Carroll鈥檚 two lawsuits accusing the former U.S. president of defamation for denying he raped her in the mid-1990s.
U.S. District Judge Lewis Kaplan in Manhattan found no merit in Trump鈥檚 arguments that he deserved absolute presidential immunity, and that many of his statements about Carroll were opinion and thus protected.
The judge also rejected Trump鈥檚 claim that the former Elle magazine columnist 鈥渃onsented鈥� to his statements by purposely waiting decades to go public, until he was in the White House, leaving him 鈥渘o choice鈥� but to defend himself.
Alina Habba, a lawyer for Trump, said: 鈥淲e disagree with the court鈥檚 decision and will be taking the appropriate steps to preserve all viable defenses.鈥�
The case is separate from last month鈥檚 verdict by a federal jury in Manhattan that Trump pay Carroll $5 million for defamation and sexual abuse, after Trump in October 2022 similarly denied their alleged encounter. Jurors did not find that Trump raped Carroll.
Carroll鈥檚 lawyer Roberta Kaplan, who is not related to the judge, said Thursday鈥檚 decision 鈥渃onfirms that once again, Donald Trump鈥檚 supposed defenses to E. Jean Carroll鈥檚 defamation claims don鈥檛 work.鈥�
Now 79, Carroll drew Trump鈥檚 ire in June 2019 when she accused him in New York magazine, as she was preparing to release her memoir, of having attacked her in a Bergdorf Goodman department store dressing room in Manhattan.
That prompted Trump, 77, to say he had not known Carroll, that she was not his 鈥渢ype,鈥� and that she lied to drum up book sales.
Beyond the 鈥榦uter perimeter鈥�
In his 46-page decision, Kaplan said Trump waited too long to raise the absolute immunity defense, and that it would be unfair to Carroll to let him do so now and further delay the 3-1/2-year-old case.
The judge also said Trump鈥檚 criticism of Carroll went beyond 鈥渢he outer perimeter of his official duties鈥� as president.
鈥淢r. Trump does not identify any connection between the allegedly defamatory content of his statements 鈥� that Ms. Carroll fabricated her sexual assault accusation and did so for financial and personal gain 鈥� to any official responsibility of the president,鈥� Kaplan wrote. 鈥淣or can the court think of any.鈥�
Trump, the front-runner for the 2024 Republican presidential nomination, is appealing the $5 million jury verdict.
On Tuesday, he countersued Carroll, claiming that she defamed him in a CNN interview one day after the May 9 verdict by saying, 鈥渙h yes he did, oh yes he did,鈥� when asked about the jury finding that he did not commit rape.
Carroll鈥檚 original lawsuit is scheduled for a Jan. 15, 2024, trial.
She is seeking at least $10 million in damages. Kaplan this month let her amend her lawsuit to add Trump鈥檚 comments from a CNN town hall following the jury verdict, in which he called her account 鈥渇ake鈥� and labeled her a 鈥渨hack job.鈥�
The case is Carroll v Trump, U.S. District Court, Southern District of New York, No. 20-07311.