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Kaelan Deese, Supreme Court Reporter


NextImg:Judge dismisses Trump's defamation counterclaim against E. Jean Carroll

A federal judge on Monday dismissed former President Donald Trump's counterclaim against writer E. Jean Carroll, who scored a $5 million verdict against him in May in a defamation lawsuit.

In June, Trump sued Carroll, a former Elle magazine columnist, for defamation after she said, "Oh yes, he did; oh yes, he did," when asked on CNN about a jury's findings that he had not raped her but found him liable for sexual assault.

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Former President Donald Trump and E. Jean Carroll

Carroll's rape accusations were "substantially true," even if a federal jury stopped short of that explicit finding, according to the 24-page order by Judge Lewis Kaplan, an appointee of President Bill Clinton. He added that Trump had not proven Carroll's statements to CNN were false.

Kaplan, in a separate order from last week, also allowed Carroll's lawyers to give the Manhattan District Attorney's Office deposition materials that include a videotape and transcript from the former president last fall.

That order greatly increases the possibility that the former president's sworn testimony in Carroll's case can be used against him as part of the district attorney's pending criminal prosecution.

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District Attorney Alvin Bragg charged Trump earlier this year with falsifying business records related to a 2016 hush money payment to porn star Stormy Daniels. Trump pleaded not guilty in that case, and it is slated to go to trial in May.

Bragg's office issued a subpoena this May for the videotape and transcript of the deposition Trump gave in Carroll's civil case last fall.