Significant Setback for Trump as Judge Restricts Second E. Jean Carroll Trial to Damages

E Jean Carroll
E Jean Carroll

Lewis Kaplan has stated that the jury in the first trial resolved issues applicable to both cases, and the second trial will exclusively focus on determining damages.

A judge declared on Wednesday that the upcoming civil trial involving Donald Trump and his remarks regarding writer E. Jean Carroll’s rape allegation will primarily revolve around determining the extent of his financial liability, as the judge ruled that the comments were defamatory.

Scheduled for January, this trial marks the second legal proceeding in the case. In the initial trial earlier this year, Donald Trump was held responsible for both defamation and sexual abuse pertaining to E. Jean Carroll’s accusation of an assault in a New York department store changing room during the mid-1990s. Consequently, he was ordered to pay a $5 million fine.

In the case, US District Court Judge Lewis Kaplan stated that Trump had been legally determined to have committed rape.

In his Wednesday ruling, Judge Kaplan stated, “The jury in the initial trial deliberated on and resolved issues that are applicable to both cases. This included determining whether Mr. Trump falsely accused Ms. Carroll of inventing her sexual assault allegation, and if so, whether he made these false accusations knowingly or with reckless disregard for the truth.”

The upcoming trial revolves around statements made by Trump in 2019 when he was serving as President. These remarks were made in response to Carroll’s initial public accusation of an assault in a high-end department store dressing room, an allegation that Trump has consistently denied.

The initial trial focused on the sexual assault accusation itself and the question of whether Trump’s more recent comments constituted defamation. Carroll received a roughly $5 million damage award from the jury in that case, who also found that she had been sexually abused.

In Wednesday’s statement, Kaplan emphasized that the jury’s verdict in the first trial, which concluded that Trump had sexually abused Carroll, effectively confirmed that his 2019 statements were indeed untrue and defamatory.

Roberta Kaplan, Carroll’s attorney, expressed eagerness for a trial focused solely on determining the damages resulting from the initial defamatory statements made by Donald Trump.

Trump’s legal representative, Alina Habba, expressed certainty that the jury’s judgement will be overturned, making the judge’s most recent ruling irrelevant.

Trump is attempting to postpone the January trial, as it coincides with the beginning of the Republican presidential primary.

In the current competition, the former president maintains a substantial lead in both national and pivotal state polls. This is significant in light of the plethora of legal problems he is dealing with, including civil inquiries into his business dealings and an extraordinary number of 91 criminal counts dispersed across four different indictments.

Here is a breakdown of those charges: four counts related to federal election subversion, 13 counts connected to state election subversion, 34 counts regarding hush-money payments during the 2016 election, and 40 counts involving the retention of classified information.

Reacting to Trump’s recent legal setback in his dispute with Carroll, Harry Litman, a former US attorney who has since become a law professor and analyst, characterized the news as “not surprising but quite significant.”

Glenn Kirschner, a former federal prosecutor who now serves as an MSNBC analyst, remarked, “Trump’s defeat to E. Jean Carroll…once more! Consequences are on the horizon, starting with the civil case and then extending to the criminal ones. The walls around Trump are steadily falling. It’s time for accountability to take center stage.”

Who Is E. Jean Carroll, the Writer Accusing Donald Trump of Rape?

She began as a college beauty queen in Indiana, but found a career as one of New York’s best known magazine columnists. Now, she is taking on a former president. Read More

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