Author E. Jean Carroll may finally get some justice two decades after Donald Trump allegedly raped her in an exclusive store’s dressing room. But thus far, her alleged rapist has faced no consequences. He even smeared her name, ironically calling her “a liar.” Carroll sued him for defamation of character.
Now the 2nd U.S. Circuit Court of Appeals in Manhattan has refused to grant her rapist immunity. The fuzzy question was “whether Trump was acting as U.S. president when he denied raping her.”
The Manhattan Appeals Court ruled 2-1 to have the Washington D.C. Appeals Court respond to the question of Trump’s liability toward Carroll. Or was he shielded by his office?
Dissenting Judge Denny Chin wrote that the accuser was plausible. He continued, saying that the court should have given the prosecutor “at least some” claims, according to Reuters:
‘Carroll’s allegations plausibly paint a picture of a man pursuing a personal vendetta against an accuser.’
The former Elle Magazine columnist wrote a book in 2019 and included her rape at Bergdorf Goodman department store, which is located in midtown Manhattan. It was either “late 1995 or early 1996.”
Carroll took Trump to court in November 2019 when the former president was in his third year in office. Rather than deny the rape, the ex-president told a reporter:
‘She’s not my type.’
The previous president accused the author of making up the rape claim to sell her book. He also said that he could not be sued for defamation of character, referring to the federal law immunizing government employees from defamation claims. The guy who preceded President Joe Biden added that allowing the court to continue would “unleash a flood of frivolous lawsuits whenever presidents spoke.” Again, ironic.
Dissenting U.S. District Judge Lewis Kaplan agreed that Trump was not “a government employee.” And even if the retired president had been a government employee:
‘He acted outside the scope of his employment when talking about Carroll.’
Circuit Judge Guido Calabresi said the matter was “of extreme public importance,” and there was “genuine uncertainty ” about how the D.C. Court of Appeals would handle the clarification of the law:
‘We do not pass judgment or express any view as to whether Trump’s public statements were indeed defamatory or whether the sexual assault allegations had, in fact, occurred.’
The New York court did rule that the ex-POTUS was considered a “U.S. government employee” at the time he slurred Carroll. Judge Chin wrote the dissent. He said Trump was not a government employee and was not acting as president by making some of his statements:
‘In the context of an accusation of rape, the comment ‘she’s not my type’ surely is not something one would expect the President of the United States to say in the course of his duties.’
The author’s attorney said that the woman planned to take advantage of a new Adult Survivors Act. Carroll will file a suit against Trump for “battery and intentional infliction of emotional distress” on November 24 when the new law takes effect, according to The Guardian.
New York Governor Kathy Hochul signed the bill:
‘[It] gives adult accusers a one-year window to bring civil claims over alleged sexual misconduct regardless of how long ago it occurred.’
Attorney for Carroll, Roberta Kaplan, said her client might roll the current lawsuit into the new one. The ex-president’s attorney Alina Habba said the previous resident in the White House “adamantly” objected to combining both cases, calling it “extraordinarily prejudicial:”
‘To permit plaintiff to drastically alter the scope and subject matter of this case at such time would severely prejudice defendant’s right. Plaintiff’s request must be disregarded in its entirety.’
Kaplan released a statement saying she was “confident” the Washington D.C. would “let the case proceed.” In addition, the lawyer said they will try the new case in February 2023.
Christie writes Gloria Christie Reports & Three White Lions Substack newsletters and a Three White Lions podcast available on Apple, Spotify, etc. She is a political journalist for the liberal online newspaper The Bipartisan Report. Written in her own unique style with a twist of humor. Christie’s Mueller Report Adventures In Bite-Sizes a real-life compelling spy mystery (in progress). Find her here on Facebook. Or at Three White Lions her book on Amazon Kindle Vella.
