Trump files suit for defamation

Quite telling the level of respect you have for trump. You’re spending hours defending him.

 

Trump should sue himself for defamation. THAT one would actually be a legit case.

 

I play in the majors. You play in AA ball. The first case did not decide the defamation elements, so you have no issue preclusion on that. You could have had an argument it would deprive her of the defense of truth, but even that fails on the facts here.

The question CNN asked was: "E. Jean, what went through your head when you heard that [the jury decided Trump didn't rape you]?"
Carroll's answer was: "Well, I just immediately say in my own head, 'oh, yes, you did, oh, yes, you did.' See, that's my response."

The truth of that statement does not depend on whether Trump raped her or not.

 

Intentionally or not, she CYA’d with that.

This is a joke lawsuit.

 

Personally, I think her defamation lawsuit is weak sauce too. I'm not a big fan of defamation law as a matter of principle. I understand why it exists and think there are justifications for it in limited contexts, but I don't like the idea that if the jury rules against you in a lawsuit, you can be sued for disagreeing with the verdict. That should be protected speech.

 

It's really impressive how you only continue to dig your hole deeper. You just continue to get it wrong. My practice is constitutional and civil rights law, including a lot of First Amendment work.

The first case decided none of the elements to a defamation claim. It wasn't a defamation case. The jury did not decide whether her rape accusation against Trump was a defamatory statement of fact. You can't use issue preclusion if the case didn't decide the issue.

The argument you could try to make is that she couldn't use the defense of truth because she can't argue that Trump raped her. But as I demonstrated above, she doesn't have to prove Trump raped her for her statement to be true.

What's clear to me is that I've been right to ignore you. You're not a serious person. Enjoy the rest of your day.

 

I once tried to sue her for defamation of character; then I realized I have no character. - Charles Barkley

 

This was likely an unintentional version of Trump’s “many people say” tactic.

He leads with that to separate himself from possession of whatever insane thing follows.

 

I mentioned earlier in the thread the potential for a ruling taking the dictionary definition in account. But this ruling by Judge Kaplan was in a different case and did not dismiss Trump's counterclaim, right? Tough to keep up.

 

It was a motion to throw out the verdict in the primary case by arguing that her claims of rape were disproven by the verdict and thus the verdict was irreconcilable

 

Unsurprisingly, the case has been dismissed.

Judge dismisses Trump's defamation lawsuit against Carroll for statements she made on CNN | CNN Politics

 

The jury verdict was not tossed aside. And he was not found to have committed sexual assault. He was found to have committed sexual abuse.

 

sounds to me like the issue for appeal then should be whether the statutory or common language definition of “rape” applies to his defamation claim, an issue that I understand Judge Kaplan addressed in his opinion

 

Nope. No legs your “lawyer” training failed you again..

 

What do you know about text book cases?
Another giant self own of a thread. Bless your heart.