Topline
Former President Donald Trump’s defamation lawsuit filed Tuesday against writer E. Jean Carroll, alleging that she falsely accused him of rape, deploys a frequent attack mechanism of suing his adversaries over unflattering statements—a routinely unsuccessful and costly strategy as defamation claims are notoriously hard to prove.
Key Facts
E. Jean Carroll: Trump filed the countersuit against the author after a jury determined in May that Trump sexually abused her in a Bergdorf Goodman dressing room in the 1990s, then defamed her by denying the allegation, awarding her $5 million in damages.
CNN: The ex-president has sued CNN twice: He filed a $475 million defamation lawsuit against the news organization in October, citing its use of the term “Big Lie” to refer to his unfounded claims of fraud during the 2020 election, along with coverage he claims compared him to “a cult leader, a Russian lackey, a dog whistler to white supremacists, and a racist”—the first defamation suit, filed in 2020 by his campaign over an opinion piece suggesting collusion with Russian officials, was dismissed by a judge who said the campaign failed to prove the author engaged in actual malice.
The Washington Post: The paper has also been sued twice for defamation by Trump in recent years: Trump’s social media company filed a $3.8 billion defamation suit against the newspaper in May after it reported a porn-linked entity could “gain a sizable stake” in the company under a pending merger deal, and a judge in February dismissed a second suit filed by the Trump campaign against the paper over two opinion pieces suggesting that Russia aided his 2016 presidential campaign, ruling that Trump’s campaign failed to prove the authors had a reckless disregard for the truth.
The New York Times: Judges have tossed two recent Trump-related lawsuits against the paper—one filed by his campaign in 2020 over an opinion essay that suggested the Trump campaign coordinated with Russian officials to win the 2016 presidential election and a second lawsuit filed in 2021 by Trump himself against the paper, three of its reporters and his niece Mary Trump for publicizing his tax returns, actions a New York federal Judge said were “at the very core of protected first amendment activity.”
Hillary Clinton and the Democratic National Committee: In another failed case against his 2016 opponent, the DNC and nearly 50 others, including former FBI director James Comey, Trump claimed in a $72 million suit filed last year that they engaged in a racketeering plot to falsely link his campaign to Russia, but a Florida federal judge dismissed the complaint months later in a scathing rebuke accusing Trump and his lawyers of “seeking to flaunt a two-hundred-page political manifesto outlining his grievances against those that have opposed him.”
Contra
Trump has had several successes in defamation suits filed by and against him. His Miss Universe Organization won a 2012 defamation case against a former contestant, Sheena Monnin, after she claimed the contest was rigged, costing her $5 million in damages. A federal judge in 2018 also ordered Stormy Daniels to pay Trump nearly $300,000 in legal fees after her defamation case against him was dismissed. Daniels claimed Trump defamed her by suggesting she lied about being threatened after their alleged affair, but a judge determined Trump’s statements regarding the matter were “rhetorical hyperbole.” Daniels lost her appeal in the case last year.
Surprising Fact
Defamation cases can be hard to win, especially if the plaintiff is a public figure, which requires proof of “actual malice,” meaning the defendant knowingly made a false statement or did so with reckless disregard for the truth. Success in all defamation suits is dependent on plaintiffs proving the defendant made an objectively false statement, acted with negligence and harmed the plaintiff.
Key Background
Trump’s lawsuit against Carroll marks a continuation of a years-long legal battle with the writer that began in 2019 when she published an excerpt from her memoir accusing Trump of attacking her, claims Trump promptly denied, leading Carroll to sue him for defamation. After passage of the Adult Survivors Act that temporarily eliminated the statute of limitations for sexual assault victims, Carroll filed a second lawsuit against Trump in 2022 for battery and defamation. A day after a jury found him liable in the case, Trump blasted her claims as a “fake” and “made-up story,” said he has never met her and called her a “wack job” during a CNN town hall, prompting Carroll to file a new legal action in the 2019 defamation case seeking additional damages.
Further Reading
Trump Accuses E. Jean Carroll Of Defamation Over Rape Claim (Forbes)
Trump Deposits $5.5 Million In New York Court To Pay E. Jean Carroll As He Awaits Appeal Response (Forbes)
Trump Sexually Abused E. Jean Carroll And Owes $5 Million In Damages, Jury Finds (Forbes)
Source: https://www.forbes.com/sites/saradorn/2023/06/28/trump-deploys-his-favorite-legal-weapon-against-e-jean-carroll-why-the-strategy-rarely-succeeds/