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Trump loses bid to toss out E. Jean Carroll’s original defamation suit over rape claim

Donald Trump lost his bid to have E. Jean Carroll’s original defamation lawsuit tossed out — with a judge finding the ex-commander-in-chief can’t invoke presidential immunity.

Manhattan federal Judge Lewis Kaplan rejected the former president’s request to dismiss the suit, which accuses Trump, 77, of damaging Carroll’s reputation when he claimed he didn’t know her after she went public with her rape allegations against him in 2019.

Trump’s attorneys argued the case, filed in November 2019, should be dropped on several grounds, including that their client should be entitled to absolute presidential immunity.

Trump didn’t invoke presidential immunity in the case, but asked the judge to allow him to add it in later.

Kaplan rejected that argument, finding that immunity is meant to prevent a president from being distracted from the duties of the position.

“It is a not a ‘get out of damages liability free’ card that permits the president to say or do anything he or she desires even if that conduct is disconnected entirely from an official function,” Kaplan wrote in the decision from Thursday.

Former President Donald Trump lost his bid to have E. Jean Carroll’s original defamation lawsuit tossed out by a judge.REUTERS/Rebecca Cook
Carroll is suing Trump for allegedly damaging her reputation after she accused him of rape in 2019.Alec Tabak for NY Post

Carroll, 79, won a separate lawsuit against Trump in May when a Manhattan federal jury found the former president liable for sexual abuse and defamation and awarded her $5 million in damages.

Trump has since requested a new trial in that case, with his attorneys arguing the $2 million he was ordered to pay for the alleged attack is “excessive” because the jury didn’t find him liable for rape.

Trump also filed counterclaims against Carroll for defamation on Tuesday, claiming that she has continued to maintain she was raped despite the jury not finding liability on that claim.

Carroll won a separate lawsuit against Trump in May when a jury found him liable for sexual abuse and defamation.Alec Tabak for NY Post

Carroll’s lawyer Roberta Kaplan said that the judge’s ruling on Thursday “confirms that once again, Donald Trump’s supposed defenses to E Jean Carroll’s defamation claims don’t work.”

“Trump chose to waive presidential immunity and now he must live with the results of that decision” she said in a statement. “Today’s decision removes one more impediment to the January 15 trial on E Jean’s defamation damages in this case.”

A lawyer for Trump didn’t return a request for comment Thursday.



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Trump loses bid to toss out E. Jean Carroll’s original defamation suit over rape claim

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