Judge tosses Trump's counterclaim against E. Jean Carroll, finding rape claim 'substantially true'
NBCAug 07, 2023
The Facts
US District Judge Lewis Kaplan on Monday dismissed former president Donald Trump’s countersuit against writer E. Jean Carroll, against whom he was found to have committed sexual abuse in the 1990s in a civil suit concluding earlier this year.
The suit did not find that Trump had raped Carroll, but Kaplan ruled that Carroll’s public use of the term “rape” in the aftermath of that decision was “substantially true” and not proven to be uttered with actual malice against the former president.
The Spin
Anti-Trump narrative
It’s not surprising that Kaplan added this case to Trump’s laundry list of losses. Like most of Trump’s barrage of suits and countersuits, this one lacked substance and was likely intended as a delay tactic. Trump seemingly can’t keep quiet on the Carroll matter, so he’s eventually going to have to pay another steep price, and might face additional suits from her in the future.
Pro-Trump narrative
Kaplan continues to be hostile to Trump and his lawyers, and this case is obviously part of the witch hunt against the former president. Most of Trump's comments relating to Carroll have been part of his denial of criminality, or were legitimate criticism of her inaccurate claims about the jury’s previous ruling. Trump should be entitled to the same freedom of speech rights as every American, rather than having cases brought against him every time he refers to someone who's intent on smearing his public image.
