Special Poll
It’s a notable legal setback for President-elect Trump as he prepares for his inauguration next month, though it was not unexpected. Trump is likely to appeal the ruling either to the full bench of the Manhattan-based 2nd U.S. Circuit Court of Appeals or to the Supreme Court. His spokesperson, Steven Cheung, dismissed the decision, calling it part of what he described as the “Democrat-funded Carroll Hoax.”
Roberta Kaplan, the attorney representing E. Jean Carroll, praised the ruling. “E. Jean Carroll and I are gratified by today’s decision,” Kaplan said in a statement, noting the court’s careful consideration.
This ruling follows a separate legal win for Trump in a related defamation case he filed against ABC News and anchor George Stephanopoulos. The case stemmed from Stephanopoulos stating on air that a civil jury found Trump guilty of raping Carroll. ABC settled the case, agreeing to pay $15 million to Trump’s presidential library.
Carroll had accused Trump of raping her in a department store dressing room in the 1990s and sued for civil damages. In May 2023, a federal jury did not find Trump liable for rape but did hold him liable for sexual abuse and defamation, ordering him to pay Carroll $5 million. Additionally, earlier this year, a separate jury ordered Trump to pay $83.3 million in a related defamation claim, which Trump is also appealing. Both cases are based on Trump’s public denials of Carroll’s allegations, in which he called her a liar.
The infamous “Access Hollywood” tape, in which Trump was recorded in 2005 discussing how his celebrity status allowed him to kiss and grope women without their consent, continues to play a role in these legal proceedings. While the tape nearly derailed Trump’s first presidential campaign in 2016, it remains a critical piece of evidence in cases involving allegations of misconduct.
In their decision, the judges highlighted the tape as evidence of a pattern of behavior, citing testimony from Jessica Leeds and Natasha Stoynoff, who also alleged that Trump assaulted them. “We conclude that the Access Hollywood tape described conduct that was sufficiently similar in material respects to the conduct alleged by Ms. Carroll (and Ms. Leeds and Ms. Stoynoff) to show the existence of a pattern,” the court ruled.