Trump’s lawyers say defamation claim by writer must fail because jury agreed he never raped her

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Trump’s lawyers say defamation claim by writer must fail because jury agreed he never raped her
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The ex-president is appealing the jury verdict that awarded the New York columnist $5 million.

NEW YORK - A New York writer who won a $5 million jury verdict against ex-President Donald Trump can’t win a pending defamation lawsuit against him because the jury agreed with Trump that he never raped her, his lawyers told a judge Monday.

The lawsuit has been stalled because the U.S. Justice Department wants to substitute the United States for Trump as the defendant on the grounds that he was acting in his capacity as a president when he spoke on the issue in response to questions by reporters in 2019. They also sought to add defamation claims to the original lawsuit, citing comments Trump, 76, made at a CNN town hall shortly after the jury verdict.

Kaplan must decide whether to accept the rewrite of the original defamation claim and Carroll’s assertion that the pending defamation case could go straight to the penalty phase of a trial because a jury had already concluded that Trump sexually abused Carroll. He also must decide whether the United States can be substituted as the defendant in place of Trump, which would effectively nullify the action.

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