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BumRushDaShow

(137,091 posts)
Wed Jul 24, 2024, 03:55 PM Jul 24

Judge who urged Cannon to step aside from Mar-a-Lago case refuses to throw out Trump's liable for rape suit against ABC

Source: Law & Crime

Jul 24th, 2024, 2:47 pm


The chief judge for the U.S. District Court for the Southern District of Florida who previously made headlines for reportedly urging Judge Aileen Cannon to step aside from Donald Trump’s since dismissed Mar-a-Lago case ruled Wednesday that the former president’s defamation lawsuit against ABC, a case brought because George Stephanopoulos said “more than 10 times” on “This Week” that Trump been found “liable for rape” in the E. Jean Carroll civil case, can move forward.

In May, lawyers for ABC and Stephanopoulos asked Chief Judge Cecilia Altonaga to throw out the lawsuit “with prejudice,” defending Stephanopoulos’ statements as “substantially true,” asserting they were protected by Florida’s fair report privilege, and arguing that Trump’s claims were collaterally estopped.

“In this case, former President Trump seeks to re-litigate a meritless theory of defamation that he has already lost twice in New York. Mr. Trump is collaterally estopped from doing so here,” ABC argued earlier. “And if this Court were to reach the merits, at bottom, this case asserts that even after a jury has found that a person committed a violent sexual assault, it is defamatory to say that the person committed a ‘rape.’ That is not a proposition Florida law recognizes.” For Altonaga, however, she agrees with Trump’s “position on each” at this point of the litigation.

“To be clear, the Court is not reaching the merits of Plaintiff’s claims. Defendants may very well convince a reasonable factfinder to follow Judge Kaplan’s reasoning or to adopt other reasoning leading to the conclusion that Stephanopoulos’s statements were not defamatory. That is not the issue before the Court now,” the judge wrote first of the collateral estoppel argument. “At this stage, the Court only decides that Defendants have not satisfied their burden to show collateral estoppel should apply, and that collateral estoppel would not be fairly applied in these circumstances.”

Read more: https://lawandcrime.com/high-profile/judge-who-reportedly-urged-cannon-to-step-aside-from-mar-a-lago-case-declines-to-throw-out-trumps-defamation-suit-against-abc-stephanopolous/



Full headline: Judge who urged Cannon to step aside from Mar-a-Lago case refuses to throw out Trump’s ‘liable for rape’ suit against ABC, Stephanopoulos

Link to ORDER (PDF) - https://www.courtlistener.com/docket/68351681/34/trump-v-american-broadcasting-companies-inc/?redirect_or_modal=True
31 replies = new reply since forum marked as read
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Judge who urged Cannon to step aside from Mar-a-Lago case refuses to throw out Trump's liable for rape suit against ABC (Original Post) BumRushDaShow Jul 24 OP
Trump's history of frivolous lawsuits ought to eventually be able to be used against future suits... hlthe2b Jul 24 #1
I wonder if he'll flee with suitcases of cash when it's declared. It would be on brande for his type ArkansasDemocrat1 Jul 24 #2
That's always been my theory when he loses the election. Pick a country,any country as to where he would seek a domicile Bengus81 Jul 24 #6
I'd be willing to bet he's got the getaway plans laid out onetexan Jul 24 #7
I think he'll go to Venezuela n/t EndlessWire Jul 25 #24
I'd kick in as well, but ONLY if he shuts the fuck up. PERMANENTLY. AZ8theist Jul 24 #11
that's what you do prodigitalson Jul 24 #8
I don't think I am Neo Jul 25 #16
Didn't the judge in the Jean E Carrol case Blue Full Moon Jul 24 #3
Yes... getagrip_already Jul 24 #4
Yes, and if Stephanopoulos had said a judge found Trump liable for rape, there would be less of an issue here. onenote Jul 25 #18
How can be liabal for but didn't do. Blue Full Moon Jul 25 #19
the judge, in assessing the amount of liability, equated the type of sexual assault the jury found Trump committed onenote Jul 25 #20
🔽 mobeau69 Jul 25 #27
Oh FFS! 2naSalit Jul 24 #5
"There must be some kinda way out of here" oasis Jul 24 #9
Good one! calimary Jul 25 #15
Thanks! I'm picturing a squirming Trumpster oasis Jul 25 #22
Heck, those days are already here! calimary Jul 25 #23
The SS detail wil detain TSF with extreme prejudice if it thinks it can jump the US. Traurigkeit Jul 24 #10
..."arguing that (the) claims were collaterally estopped." WestMichRad Jul 24 #12
Collateral estoppel: onenote Jul 24 #13
Thank you! WestMichRad Jul 25 #21
Discovery is going to require Trump to testify under oath nakocal Jul 24 #14
Why would Trump have to testify? onenote Jul 25 #17
Part of discovery nakocal Jul 25 #25
No he doesn't. His testimony would be irrelevant. Won't even be sought. onenote Jul 25 #26
Other legal issues aside, I'd love to hear the merit/damages part unblock Jul 25 #28
Falsely accusing someone of having been found by a jury to have committed rape could constitute defamation per se. onenote Jul 25 #29
Well in terms of legal strategy yeah, it's not a normal case unblock Jul 26 #30
Agreed. Winning at the motion to dismiss stage doesn't guarantee him a win at trial. onenote Jul 26 #31

hlthe2b

(104,706 posts)
1. Trump's history of frivolous lawsuits ought to eventually be able to be used against future suits...
Wed Jul 24, 2024, 04:09 PM
Jul 24

It would likely take new laws, but this is ridiculous.

ArkansasDemocrat1

(2,465 posts)
2. I wonder if he'll flee with suitcases of cash when it's declared. It would be on brande for his type
Wed Jul 24, 2024, 04:11 PM
Jul 24

Oh, did I say cash? I meant secrets. Careful, P01135809, secrets like you're peddling have a half-life of four years or less, and I figure you don't get the good stuff in your briefings like you used to. I hope Putin has to play Skorzeny some day.

Bengus81

(7,255 posts)
6. That's always been my theory when he loses the election. Pick a country,any country as to where he would seek a domicile
Wed Jul 24, 2024, 04:36 PM
Jul 24

He hasn't got that many years till he kicks off (hope the hell it's soon) and he's got zero plans to spend it in a prison cell. Hell...I'd chip in for gas if he NEVER comes back.

onenote

(43,819 posts)
18. Yes, and if Stephanopoulos had said a judge found Trump liable for rape, there would be less of an issue here.
Thu Jul 25, 2024, 09:05 AM
Jul 25

Last edited Fri Jul 26, 2024, 04:12 PM - Edit history (2)

The issue arises because George said that the "jury" found Trump liable for rape and the jury expressly declined to find Trump had committed "rape" as that term is narrowly defined in New York law. That doesn't mean Trump will necessarily win, but it's why this case is being allowed to move forward.

onenote

(43,819 posts)
20. the judge, in assessing the amount of liability, equated the type of sexual assault the jury found Trump committed
Thu Jul 25, 2024, 09:18 AM
Jul 25

Last edited Thu Jul 25, 2024, 02:51 PM - Edit history (1)

to the common understanding, rather than the narrower legal definition of what constitutes "rape" under NY law.

oasis

(51,232 posts)
9. "There must be some kinda way out of here"
Wed Jul 24, 2024, 06:47 PM
Jul 24

said the Trumpster, who’s a thief
“There is so much confusion
I can’t get no relief “

oasis

(51,232 posts)
22. Thanks! I'm picturing a squirming Trumpster
Thu Jul 25, 2024, 12:17 PM
Jul 25

with the walls closing in. Those days are rapidly
approaching.

calimary

(83,368 posts)
23. Heck, those days are already here!
Thu Jul 25, 2024, 01:31 PM
Jul 25

He’s not sleeping well, I suspect, unless heavily medicated.

He’s NOT in good shape, he doesn’t exercise, I’m surprised that he didn’t get around inside the White House except by golf cart.

onenote

(43,819 posts)
13. Collateral estoppel:
Wed Jul 24, 2024, 11:12 PM
Jul 24

"The doctrine of collateral estoppel precludes a party from relitigating an issue which has previously been decided against him in a proceeding in which he had a fair opportunity to fully litigate the point.”

nakocal

(602 posts)
14. Discovery is going to require Trump to testify under oath
Wed Jul 24, 2024, 11:13 PM
Jul 24

So he will either drop the case and wind up in contempt for perjury.

onenote

(43,819 posts)
17. Why would Trump have to testify?
Thu Jul 25, 2024, 09:03 AM
Jul 25

The issue in the case is whether George Stephanopoulos defamed Trump by stating that a jury found Trump liable for rape. How is Trump testimony relevant to the factual question in issue: what the jury found Trump liable for. The jury expressly answered no to the question of whether Trump was liable for rape, as that term is defined in New York law. The judge, however, in discussing Trump's liability concluded that while Trump didn't commit rape as defined in New York law, he did commit rape as that term is commonly understood and used.

nakocal

(602 posts)
25. Part of discovery
Thu Jul 25, 2024, 10:47 PM
Jul 25

If Trump wants to prove his point in the suit, the defendant has the right to question his accuser.

onenote

(43,819 posts)
26. No he doesn't. His testimony would be irrelevant. Won't even be sought.
Thu Jul 25, 2024, 10:50 PM
Jul 25

The issue is what Stephanopolous said and what the jury did. End of story.

How many cases have you tried?

unblock

(53,789 posts)
28. Other legal issues aside, I'd love to hear the merit/damages part
Thu Jul 25, 2024, 11:17 PM
Jul 25

Dementia don's argument is that he was defamed from abc saying that a *judge* found him *liable* for *rape* when in fact a judge found that the *sexual assault* that the *jury* found him liable for *amounted to rape*

That's a tiny hole in the needle to thread a defamation claim through.

His image was oh so damaged because there's such a mountainous difference between rape and sexual assault that amounts to rape?

How is he going to prove any kind of damages are due to that subtle distinction? He lost a massive business deal because someone refused to do business him because they heard he was an adjudicated rapist under New York law, but they would have done the deal if they knew he was merely an adjudicated sexual assaulter under New York law but what he did most people would call rape anyway?

Seriously, how do you show damages from the subtle distinction, especially when most people have to go through it a few times before they even follow the distinction he's trying to make?


Imagine a serial killer suing because a reporter said he killed 17 people and hey hey hey, I only killed 16! My reputation is damaged thanks to your faulty reporting!

onenote

(43,819 posts)
29. Falsely accusing someone of having been found by a jury to have committed rape could constitute defamation per se.
Thu Jul 25, 2024, 11:30 PM
Jul 25

In a defamation per se suit, damages are presumed. Admittedly, without any further showing, the amount of compensatory damages awarded might be nominal, but might be bolstered by an award of punitive damages. Given that the complaint doesn't specify a particular amount of damages, my guess is that he is mostly looking for a ruling that he was defamed by the big bad media, and doesn't care about getting any "compensatory" damages, but would love to get an award of punitive damages.

unblock

(53,789 posts)
30. Well in terms of legal strategy yeah, it's not a normal case
Fri Jul 26, 2024, 12:01 AM
Jul 26

I'd say mostly he's just looking for hey I have to make these people pay for giving me bad press. If all he does is make them spend time and money on lawyers then he wins.

Working the ref, basically. It inhibits them from talking smack about Donnie if they know he'll sue at the drop of a hat.


I hear you and yeah the statement does look like the sort of statement that might be defamatory per se, like calling someone a murderer when they just aren't at all, that certainly can be presumed to damage them without needing them to show damage. But if they already are a known murderer and you just got the body count wrong? Or hey hey hey, it was aggravated homicide! Not murder!

Can we presume damages there?

I don't know. Maybe this is the sort of case when if he wins, the award is $1.

Well anyway, I rather suspect the case goes nowhere on its merits. Certain hard to prove abc has malicious intent in obscuring the subtle distinctions between judge va jury and rape vs sexual assault amounting to rape.

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