Jonathan Stempel

NEW YORK, (Reuters) – Donald Trump can’t sue E. Jean Carroll for rape allegations in her mid-1990s. A federal judge ruled that Carroll’s defamation suit against him was not allowed because it violated a New York State law to protect free speech.

U.S. District Judge Lewis Kaplan of Manhattan charged the ex-US president with “bad faith” for dragging out the lawsuit filed by the former Elle magazine columnist. The suit, which was initiated in November 2019, could have been resolved “long ago”.

Kaplan stated that “the defendant’s litigation techniques, regardless of their intentions, have prolonged the case to an extent which readily could have been much less.”

Trump’s counter-suit “would worsen a sorry situation by opening up new avenues to significant delay,” Kaplan said. Kaplan stated that Trump would not be able to prove his counterclaim in federal court.

Alina Habba (a Trump attorney) stated: “While we are disappointed at the court’s decision today,” she said. However, the Trump lawyers look forward to litigating the action and proving that the plaintiffs’ claims have absolutely zero basis in law or fact.

Roberta Kaplan (a Carroll attorney and unrelated to the judge) said she agreed with her client that Carroll’s case must be closed.

In a June 2019 excerpt, Carroll, 78 accused Trump of raping him in a room in the Bergdorf Goodman department shop in Midtown Manhattan in late 1995 or early 2016.

Trump insulted her, she claimed, telling a reporter that he had never met Carroll. Then, he accused Carroll of fabricating the rape claims to sell his book.

“FUTILE” TO COUNTERSUE

Trump sought a dismissal of the case and damages. He invoked New York’s anti-SLAPP law. This is an acronym for strategic lawsuits that prohibit public participation.

It was intended to safeguard journalists and other individuals from high-end companies and persons who bring frivolous suits to silence critics.

Trump claimed Carroll’s suit also violated the law, as it was intended to harass him because he spoke out.

The judge said Trump did not offer “a satisfactory justification” to wait 14 months for the law’s effective date before he could invoke it.

Trump awaits a ruling from Manhattan’s federal appeals court on his immunity from Carroll’s suit under the law protecting federal workers from defamation claims. He discussed Carroll in his capacity of president.

The Democratic President Joe Biden’s Administration sided with Trump during that appeal, in spite of what it called Republican’s “crude offensive comments” about Carroll’s “very grave” allegations.

Carroll’s lawyers hope to find Trump’s DNA in a dress Carroll claimed she wore during the alleged Rape.

They wanted to ask Trump questions under oath but, citing Trump’s delays, they said it wasn’t necessary.

Carroll v Trump U.S. District Court Southern District of New York No. 20-07311.