man in black suit standing beside woman in black dress
U.S. District Judge Lewis Kaplan handed journalist E. Jean Carroll a win on Wednesday in her remaining case against Donald Trump, after the journalist's attorneys hit hard against the ex-president's request for a stay of her original civil trial against him for defamation, which was slated for January.
Judge Kaplan on Wednesday ruled Trump is liable for defamation over remarks he made against Carroll in 2019, after she publicly accused him of rape years prior, CNBC reports. A jury in May award Carroll $5 million in a separate civil trial, finding the ex-president liable for sexual abuse and defamation.
Handing Carroll "partial summary judgment," Judge Kaplan "said the upcoming trial for Carroll’s civil lawsuit against Trump will only deal with the question of how much the former president should pay her in monetary damages."
That closely aligns with remarks last month made by Carroll's attorney, Robbie Kaplan, who said, "the January 15th jury trial will be limited to a narrow set of issues and shouldn't take very long to complete."
"E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019," Kaplan said, as NPR reported.
On Wednesday in a motion Carroll's attorneys had warned the judge that Carroll "faces continuing defamatory attacks from Trump," while requesting the judge not grant the ex-president's motion for a stay of the upcoming January trial.
After her May win at trial, speaking to CNN about the verdict, Carroll said Trump indeed had raped her: "Oh, yes he did."
Trump filed a counter defamation lawsuit, but the judge denied his claim, agreeing with Carroll, and saying, "Mr. Trump 'raped her,' albeit digitally rather than with his penis."
"In fact, both acts constitute 'rape' in common parlance, its definition in some dictionaries, in some federal and state criminal statutes, and elsewhere."
Former U.S. Attorney Joyce Vance, now a professor of law and MSNBC/NBC News legal analyst on Wednesday posted the motion from Carroll's attorneys and wrote: "lawyers for @ejeancarroll have filed a motion opposing Trump's efforts to stay his January defamation trial (only damages are left to be determined) pending appeal. Knives out, but Trump deserves it for trying to abuse the legal process to avoid accountability."
Carroll's attorneys wrote that Trump's "motion for a stay ignores virtually the entire factual and procedural history of this four-year-old case and barely responds to Judge Kaplan's decision denying such relief. That is no coincidence," they said.
They accused Trump of "procedural gamesmanship," called his points "meritless," and said that when tested, "Trump's position collapses." They later called Trump's position "frivolous."
Trump would not "face substantial injury if he were denied a stay," they said, and called the "harms that he describes ... mainly self-inflicted."
They also claimed "his objections to a short trial in January 2024 ring hollow based on his own litigation conduct. Indeed, Trump expressly requested an expedited trial in this case less than six months ago, and changed his mind only after an adverse verdict in a related matter."
"In contrast, Plaintiff-Appellee E. Jean Carroll, who is 79 years old and faces continuing defamatory attacks from Trump, would suffer significant harm from a stay and such an order would also undermine core public interests," they wrote. "This Court should therefore deny Trump's motion for a stay."