Donald Trump wins ruling in rape accuser Carroll's defamation lawsuit
Source: Reuters
NEW YORK, Sept 27 (Reuters) - A federal appeals court set aside a judge's ruling that Donald Trump could be sued for defamation by E. Jean Carroll after denying he raped her, though it stopped short of declaring the former U.S. president immune from the author's lawsuit. In a 2-1 decision on Tuesday, the 2nd U.S. Circuit Court of Appeals in Manhattan asked an appeals court in Washington to weigh in on whether the laws of that district shielded Trump from liability.
But the Manhattan court also accepted Trump's argument that he qualified as a U.S. government "employee" when he allegedly defamed Carroll, a condition underlying his immunity claim. A dissenting judge, Denny Chin, would have let Carroll pursue "at least some" claims, saying "Carroll's allegations plausibly paint a picture of a man pursuing a personal vendetta against an accuser." Carroll sued Trump in November 2019, and had been hoping to go to trial as soon as next February.
She had accused Trump in a June 2019 book excerpt of having raped her in late 1995 or early 1996 in a dressing room at the Bergdorf Goodman department store in midtown Manhattan. Trump, then in his third year in the White House, responded to her accusations by telling a reporter he did not know Carroll, that "she's not my type," and that she concocted the rape claim to sell her book. Alina Habba, a lawyer for Trump, said in a statement she was "extremely pleased" with Tuesday's decision, saying it would "protect the ability of all future presidents to effectively govern without hindrance."
Roberta Kaplan, a lawyer for Carroll, said in a statement she was "confident" the District of Columbia court would let the case proceed. On Sept. 20, Kaplan said Carroll planned to sue Trump for battery and inflicting emotional distress even if the defamation claims were thrown out. She cited a new state law, the Adult Survivors Act, which gives adult accusers a one-year window starting on Nov. 24 to bring civil claims over alleged sexual misconduct occurring long ago.
Read more: https://www.reuters.com/world/us/appeals-court-seeks-guidance-lawsuit-by-donald-trump-rape-accuser-2022-09-27/
Forgot this case was still going...
onecaliberal
(32,861 posts)Irish_Dem
(47,114 posts)This seems to be the plan.
onecaliberal
(32,861 posts)Irish_Dem
(47,114 posts)I guess women's rights were just the blink of an eye time wise.
onecaliberal
(32,861 posts)We are going to vote like no one has ever seen.
Irish_Dem
(47,114 posts)If not, young women have no idea what life is going to be like for them.
TheProle
(2,178 posts)Irish_Dem
(47,114 posts)Demand men give up the control and subjugation of women planet wide.
onecaliberal
(32,861 posts)females like they are put on earth at the direction and pleasure of men. I will not be controlled, my daughters and granddaughter will not be controlled and exists at the pleasure of males. What the fuck is wrong with people?
Irish_Dem
(47,114 posts)Putting women in prison for getting a life saving abortion?
And the doctors who treat women go to prison too?
Women murdered for not wearing a headscarf?
Women now will be pregnant all the time, no birth control, no abortion.
No healthcare. Cannot get an education or support herself.
Women around the world are being abused, raped and controlled.
The Chinese have a saying "Women hold up half the sky."
Maybe it is damn time women stop trying to keep the world going and let men figure it out.
And at the same time start fighting hard against the bull shit.
onecaliberal
(32,861 posts)They dont even care about the planet.
Irish_Dem
(47,114 posts)So they don't care if they trash the planet.
They have back up plans in place.
Right, they will kill and subjugate all of us for power and wealth.
CentralMass
(15,265 posts)msfiddlestix
(7,282 posts)How the fucking hell those judges could possibly regard privelage of office holder is just beyond the fucking pale of rationalizations.
I'm so sick in my stomach and heaping angry right now.
and yeah, what you said. The Greasy Pig slips the grasps of justice once again corrupt judges are also the problem.
Scrivener7
(50,950 posts)brooklynite
(94,585 posts)This was a civil suit, not a criminal prosecution.
Scrivener7
(50,950 posts)brooklynite
(94,585 posts)BradAllison
(1,879 posts)All you can do is laugh.
I'm sure the usual suspects will be here to do a dance.
gab13by13
(21,349 posts)an official duty of the president is to defame a woman who accuses him of rape. If the case goes to trial DOJ will defend Trump. (the office)
LiberalLovinLug
(14,174 posts)The truest words that Donald Trump has ever spoken
Novara
(5,842 posts)A court in DC gets to decide if he was acting in his official capacity when he defamed the woman he raped.
And she is still going to sue in NY, which erased the statute of limitations for a period.
The details are in the article.
oldsoftie
(12,548 posts)Defamation is always. rough case to prove.
Blue Owl
(50,392 posts)Brainfodder
(6,423 posts)Hiding behind corporations, hiding behind lawyers.
In protection of ego & COWARDICE?
He knows rape is bad, if he doesn't, that's asylum patient level fucked up thinking?
He is accused of it more than the majority is likely a fair statement by what chance 1 out 1.0001 times?
Since he doesn't follow the law at all, I'm OK if he is run over with a steamroller even on purpose?
Laws for all or laws for none?
He is not the president any more and should not have those documents, and just lying around carelessly for a while, yeah RED FLAG alert, DUH!
sakabatou
(42,152 posts)pfitz59
(10,381 posts)She did not sue "The Office of the President", she sued the rapist occupying it. Clear distinction.