Trump's big mouth blows a hole in his lawyer's defense-strategy in rape-defamation-case.

[DetlefK]

https://www.rawstory.com/e-jean-carroll-trump-2658467176/

Jean Carrol says that Trump raped her.
He accuses her of lying.
She sues him for defamation.
Trump's defense is that he cannot be sued for defamation because he made that statement while being President.

The case drags on.

Trump gets served with a notice that he must sit for deposition.

How does he react?

He repeats all of the defamatory statements about her he made while being President, except this time he is NOT President.

[gab13by13]

1. Didn't a judge just rule

that defaming Carroll was not an official duty of the president? I thought that Trump filed an appeal to have his case dismissed based on those grounds and the judge shot him down?

[CaptainTruth]

7. I believe you're correct.

From Wikipedia:

"In 1982, the Supreme Court held in Nixon v. Fitzgerald that the President enjoys absolute immunity from civil litigation for official acts undertaken while he or she is President."


I believe the issue is that defaming someone is not an "official act" of the President, so he doesn't have immunity.

[calimary]

12. Indeed. I don't think a man forcing himself on a woman

against her will constitutes anything REMOTELY like an “official act.”

Except maybe in his own twisted little mind. But that doesn’t put it in the law books or the criminal code.

[TomSlick]

16. As I read the decision in Nixon v. Fitzgerald,

a president's absolute immunity applies if the alleged actions are within the "outer perimeter" of a president's official duties. I think it hard to imagine that defamation about a purely personal matter is even close to that "outer perimeter" and there would be no immunity.

[NullTuples]

19. I could still see the Federalist Supreme Court deciding that

the qualified immunity doctrine they invented applies to him as top cop....or some other such completely twisted reasoning.

[dsc]

14. I think the deferred a decision on that

but they required him to sit for the deposition while they were making up their minds.

[greymattermom]

2. What happens if she"s awarded a big sum

and he refuses to pay?

[DetlefK]

5. Step 1: Court-orders, hearings...

Step 2: A fine for contempt of court and the court garnishes his property and auctions it off to cover the sum he owes.

[groundloop]

13. Appeal, Delay, Counter Sue, Delay, Suck more money from his sheep, Delay some more.

[Jirel]

3. Because of course he did.

His lawyer is drinking heavily.

[HubertHeaver]

15. Straight rye whiskey, 120 proof

With a bourbon chaser.

[Bernardo de La Paz]

4. Genius!

(and I like your presentation here)

[NCjack]

8. His lawyer's argument will be: Since Ol' Donnie said it first while president,

now it does not count against him if he repeats the defamation.

[republianmushroom]

9. LIKE

[bringthePaine]

10. 🤣🤣🤣no, really, wha'd he say?...oh yeah🤣

[Joinfortmill]

11. That's what's so fucking galling. He's dumb as a fucking rock and is still free to play golf.

[not fooled]

17. And they haven't even gotten to the dress!

She has the dress!

[summer_in_TX]

20. Did the "alleged" rape take place too long ago?

Was it ruled outside of the statute of limitations?

I guessed that was why the case was now a defamation case but don't know for sure.

[not fooled]

21. She will re-file the rape allegation once NY's Adult Survivors Act goes into effect

The original rape case was thrown out on some legal technicality, perhaps because outside the original statute of limitations.

However, per this article published October 12:

[link:https://www.forbes.com/sites/brianbushard/2022/10/12/trump-rape-lawsuit-from-e-jean-carroll-will-proceed-trump-faces-deposition-next-week/?sh=54a938c111c1|]

What To Watch For

Carroll is also expected to file a lawsuit under New York’s Adult Survivors Act, which takes effect on November 24, and allows claims for alleged rape to be revived, regardless of a statute of limitations, which in this case has expired. In a statement, Carroll’s attorney Roberta Kaplan said she “looks forward to filing our case under the Adult Survivors Act and moving forward to trial with all dispatch.” (Attorneys for Trump did not immediately respond to a Forbes inquiry.)

[summer_in_TX]

22. Good news!

Thank you!

[karin_sj]

18. This guy is such a moron