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Trump files suit for defamation

Discussion in 'Too Hot for Swamp Gas' started by UFLawyer, Jun 28, 2023.

  1. PITBOSS

    PITBOSS GC Hall of Fame

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

    UFLawyer GC Hall of Fame

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    LOL. Where are you seeing respect? I have no hatred of Trump like many here. But I respect few politicians
     
    Last edited: Jun 30, 2023
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  3. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

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

    gator_lawyer VIP Member

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    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.
     
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  5. Emmitto

    Emmitto VIP Member

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    Intentionally or not, she CYA’d with that.

    This is a joke lawsuit.
     
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  6. gator_lawyer

    gator_lawyer VIP Member

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    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.
     
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  7. UFLawyer

    UFLawyer GC Hall of Fame

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    There is no way you have a law degree from an accredited law school. If you do, you practice in a field that never sniffs litigation. I would guess real estate. You have obviously never had to argue this issue before a judge. Further, try to read a bit better. I did not state “the first case decided the defamation elements”. (Plural). I said it decided one of the elements (singular) ie…the falsity of the accusation. You have zero credibility on any legal matters here with the nonsense you are arguing.
     
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  8. gator_lawyer

    gator_lawyer VIP Member

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    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.
     
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  9. rock8591

    rock8591 GC Hall of Fame

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

    Emmitto VIP Member

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    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.
     
  11. tampagtr

    tampagtr VIP Member

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  12. mrhansduck

    mrhansduck GC Hall of Fame

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    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.
     
  13. tampagtr

    tampagtr VIP Member

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    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
     
  14. mdgator05

    mdgator05 Premium Member

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    Unsurprisingly, the case has been dismissed.

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

    UFLawyer GC Hall of Fame

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    This judge is not on solid legal ground IMO. I expect an appeal. The jury verdict means something, and can't just be tossed aside by the Court. The Court is the one who gave the instructions and the verdict to the Jury. But I don't practice in NY, so we shall see. As some have said, the position that there is not a difference between Rape and Sexual Assault creates problems for plaintiff as well.
     
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  16. mdgator05

    mdgator05 Premium Member

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    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.
     
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  17. UFLawyer

    UFLawyer GC Hall of Fame

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    Thats not the one that matters for what I am saying. He was found not to have committed rape. For the judge to conclude that Trump's conduct (sexual abuse) amounted to "essentially rape" is directly contradicted by the jury verdict form. They cannot be the same thing. This will likely create issues in the appellate court. We will see.
     
  18. BossaGator

    BossaGator GC Hall of Fame

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    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
     
    Last edited: Aug 8, 2023
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  19. Sohogator

    Sohogator GC Hall of Fame

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

    Sohogator GC Hall of Fame

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