The judge denied Trump’s motion to dismiss Carroll’s defamation lawsuit

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CNN —

A federal judge has denied Donald Trump’s motion to dismiss the defamation lawsuit against E. Jean Carrolls, finding the former president’s legal arguments lacked merit.

Trump filed a motion for summary judgment to dismiss the original defamation lawsuit filed by the Carrolls in 2019. He argued that he was entitled to immunity because he was president at the time he made the remarks. denying Carrolls rape allegation and that her statements were not defamatory.

Judge Lewis Kaplan denied Trump’s motion and his request to amend his answer to plead immunity as a defense in the case, noting that Trump had already waived that as a possible defense and allowing it now would be unfairly prejudicial to Carroll.

It is unfounded to risk prolonging the resolution of this litigation by allowing Mr. Trump to raise his absolute immunity defense now at the eleventh hour when he did so years ago, the judge wrote .

There are additional legal motions outstanding. The case is scheduled to go to trial early next year.

Judge Kaplan’s denial of summary judgment proves that once again, Donald Trump’s supposed defenses to E Jean Carrolls defamation claims are ineffective, Robbie Kaplan, an attorney for Carroll, said in a statement. Trump chose to waive presidential immunity and now he must live with the consequences of that decision.

Trump’s attorney, Alina Habba, said, We disagree with the Court’s decision and will take appropriate steps to preserve all viable defenses.

This case is separate from the 2022 battery and defamation case that was tried earlier this year. A jury awarded Carroll $5 million in compensatory and punitive damages and found Trump had sexually abused and defamed her. Trump this week filed a counter claim against Carroll saying she defamed him when she appeared on CNN the day after the jury’s verdict and said, Oh yes he raped her.

This story has been updated with additional reaction.

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