NEW YORK, March 12 – Donald Trump cannot sue E. Jean Carroll, a writer who claims to have raped her in the mid-1990s, on the grounds that her defamation suit violated a New York state law aimed at protecting freedom. Speech, the judge handed down the verdict on Friday.
U.S. Regional Judge Lewis Kaplan in Manhattan has accused the former US president of “bad faith” by unnecessarily delaying the trial of Elle newspaper correspondent, which began in November 2019 and may have been “long ago” decided.
“Defendant’s tactics, regardless of their motive, have delayed the case as much as possible,” Kaplan wrote.
Allowing Trump to challenge him could “make the situation worse by opening up new avenues for greater delays,” he added. Kaplan also said it would be “in vain” for Trump to prove his claim was in the federal court.
Alina Habba, Trump’s attorney, said: “Although we are disappointed with the court’s decision today, we look forward to the trial and prove to the court that the plaintiff’s claims have no legal basis or reality.”
Roberta Kaplan, Carroll’s lawyer and non-judge, said he and his client “could not agree more” on whether the case should be over by now.
Carroll, 78, accused Trump in a June 2019 letter citing him of rape in late 1995 or early 1996 in the dressing room of the Bergdorf Goodman department store in downtown Manhattan.
He said Trump humiliated him when he told a reporter he did not know Carroll, accusing him of fabricating allegations of rape in order to sell his book and said, “He is not my type.”
In his quest for dismissal and damages, Trump used New York law to “fight SLAPP”, which is abbreviated as “criminal charges against public participation.”
The November 2020 law was intended to protect journalists and others from companies that are packed into pockets and people who file irrational lawsuits designed to silence critics.
Trump said Carroll’s case also violated the law because it was aimed at verbally abusing him.
But the judge said Trump does not provide “satisfactory reason” to wait 14 months after the law comes into force.
Trump is awaiting a Manhattan appellate court decision on whether he is not guilty of Carroll under a law that protects civil servants from allegations of defamation, because he spoke of him in his position as president.
Officials from Democratic Alliance President Joe Biden sided with Trump in the complaint, despite what they called the Republic’s “dirty and annoying comments” about Carroll’s “worst” accusations.
Carroll’s lawyers hope to compare Trump’s DNA with the garment Carroll said he wore during the alleged rape.
They also wanted to ask Trump under oath, but citing Trump’s delay, saying last month this was no longer necessary.
The case is Carroll v Trump, U.S. District Court, South New York State, No. 20-07311.