Manhattan U.S. District Judge Lewis Kaplan dismissed former President Donald Trump's countersuit for defamation against E. Jean Carroll on Monday, arguing that her comments were "substantially true" and that there was no evidence that she made them with malice.
The suit came from comments Carroll made on CNN the day a jury awarded $5 million to Carrol in her suit against Trump for defaming her by calling her a liar over claims that he raped her in a department store dressing room in the mid-1990s.
Carroll said "oh yes he did, oh yes he did," about raping her even though the jury did not find that claim to be true beyond a reasonable doubt in its findings. She also looked at Trump's attorney and said, "He did it and you know it."
Trump is appealing the $5 million verdict and lawyer Alina Habba said he will also appeal the dismissal.
"We strongly disagree with the flawed decision and will be filing an appeal shortly," Habba said.
Kaplan wrote in his decision, "Mr. Trump 'raped' her, albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms. Carroll's 'rape' accusations."
He said that he found "convincing proof" of Carroll's accusation, even though the supposed rape happened almost 30 years ago and there was no physical evidence or even witnesses that put him in the location.
It really wasn't clear what basis the jury used to find for Carroll, other than that they liked her story and didn't like Trump.
Indeed, Carroll could not remember which year it happened or the layout of the store at the time, but somehow the judge and jury knew it happened.
Kaplan also rejected Trump's claims of "absolute presidential immunity" and that Carroll was ineligible for punitive damages.
Carroll was allowed to amend her suit to add more remarks Trump made after the verdict, such as calling her a "whack job."
The case is the tip of the iceberg of Trump's legal troubles, which have grown to include three different criminal indictments--one at the state level over hush money payments he allegedly made to a former porn star, and two federal indictments on charges related to mishandling classified documents and the events of January 6, 2021.
It certainly seems like Trump's many enemies are pulling out all the stops to ensure that he faces as many charges as possible.
They're hoping it will eventually get to be too much for voters, but so far it seems it's their actions that have been too much for the public.