A judge rejects Donald Trump’s request to toss out defamation claims by columnist E. Jean Carroll

A federal judge has rejected Donald Trump’s request to dismiss defamation claims made by columnist E. Jean Carroll. In a written opinion, Judge Lewis A. Kaplan stated that Carroll can proceed with her claims seeking at least $10 million in damages from Trump for his comments before and after she won a $5 million sexual abuse and defamation verdict against him. Trump had argued for dismissal based on absolute presidential immunity, stating that his statements were not defamatory and protected by free speech rights.

However, Judge Kaplan determined that Trump had waived his claim of absolute presidential immunity by failing to assert it earlier when the lawsuit was filed. The lawsuit had been delayed as legal issues were considered by appeals courts. Trump retaliated this week by countersuing Carroll, accusing her of libel for persisting in her claim of rape despite the jury’s verdict.

The original jury award stemmed from a lawsuit filed last November under a temporary New York state law allowing sexual assault victims to sue for damages even long after the incident occurred. Trump’s comments during a CNN broadcast echoed his previous statements as president in 2019 when Carroll published a memoir alleging that he had raped her in a department store dressing room in 1996.

Judge Kaplan emphasized that presidential immunity was meant to prevent the president from being distracted from official duties, rather than granting immunity from damages liability for any conduct unrelated to those duties. He also considered Carroll’s age and the fact that she had been pursuing claims against Trump for over three years.

Trump’s lawyers have not yet commented on the ruling. However, attorney Robbie Kaplan, who represents Carroll, expressed satisfaction with the decision, stating that it clears the way for the defamation damages trial scheduled for January 15.

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