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BumRushDaShow

(145,074 posts)
Sat Dec 14, 2024, 03:58 PM Dec 14

ABC agrees to give $15 million to Donald Trump's presidential library to settle defamation lawsuit

Last edited Sat Dec 14, 2024, 06:46 PM - Edit history (1)

Source: AP

Updated 6:25 PM EST, December 14, 2024


NEW YORK (AP) — ABC News has agreed to pay $15 million toward Donald Trump’s presidential library to settle a defamation lawsuit over anchor George Stephanopoulos’ inaccurate on-air assertion that the president-elect had been found civilly liable for raping writer E. Jean Carroll.

As part of the settlement made public Saturday, ABC News posted an editor’s note to its website expressing regret over Stephanopoulos’ statements during a March 10 segment on his “This Week” program. The network will also pay $1 million in legal fees to the law firm of Trump’s attorney, Alejandro Brito.

The settlement agreement describes ABC’s presidential library payment as a “charitable contribution,” with the money earmarked for a non-profit organization that is being established in connection with the yet-to-be built library.

“We are pleased that the parties have reached an agreement to dismiss the lawsuit on the terms in the court filing,” ABC News spokesperson Jeannie Kedas said. A Trump spokesperson declined comment. Trump, Stephanopoulos and ABC executives signed the settlement agreement on Friday.

Read more: https://apnews.com/article/abc-trump-lawsuit-defamation-stephanopoulos-04aea8663310af39ae2a85f4c1a56d68



Just breaking. Short article at post time.

Complete media takeover.

Article now updated.

Original article -

Updated 3:52 PM EST, December 14, 2024


NEW YORK (AP) — ABC News has agreed to pay $15 million toward Donald Trump’s presidential library to settle a lawsuit over anchor George Stephanopoulos’ inaccurate on-air assertion that the president-elect had been found civilly liable for raping writer E. Jean Carroll.

ABC will also post a note on its website expressing regret over the claim in a March 10 segment on “This Week,” according to a settlement document made public on Saturday.

Trump had sued Stephanopoulos and the network for defamation soon after the segment aired. ABC will also pay $1 million in legal fees to Trump’s lawyer as part of the settlement.

107 replies = new reply since forum marked as read
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ABC agrees to give $15 million to Donald Trump's presidential library to settle defamation lawsuit (Original Post) BumRushDaShow Dec 14 OP
Ugh. sinkingfeeling Dec 14 #1
Is this the lawsuit that is related to a judge just ruling that 45 has to appear for a deposition next week? in2herbs Dec 14 #2
Yes FBaggins Dec 14 #23
I have no words mcar Dec 14 #3
Joining you. Dem2theMax Dec 14 #5
With apologies to Peter Tosh frisbee7 Dec 14 #4
And with loving tribute and admiration to DU (as well as HOPEFULLY the rest of the Dems) for the next 4 and beyond... Montauk6 Dec 14 #8
The slimeball can barely read so what will they put in that "library"? Dave Bowman Dec 14 #6
His Twitter account access dweller Dec 14 #31
donnie says forget the library, just hand over the cash and he'll figure out what to do with it nt orleans Dec 14 #63
This message was self-deleted by its author AdamGG Dec 14 #70
Stolen AdamGG Dec 14 #71
A library that will never be built. MontanaMama Dec 14 #7
One million goes toward the library and the rest directly into T***p's pockets. LastLiberal in PalmSprings Dec 14 #50
Oh, FFS. tanyev Dec 14 #9
How many colorin' books does that buy? 3Hotdogs Dec 14 #10
Does ABC's settlement put pressure on George S. to let go? no_hypocrisy Dec 14 #11
TSF will now use this in his 83 million dollar judgement against him from the defamation verdict Deuxcents Dec 14 #12
You mean use to money to pay the judgment? SunSeeker Dec 14 #18
No. I meant in his rants about how great he thinks he is Deuxcents Dec 14 #20
I'm confused angrychair Dec 14 #13
Similarly confused. Lucky Luciano Dec 14 #14
I think it was the slightly lesser charge of sexual assault Polybius Dec 14 #52
The jury found him liable angrychair Dec 14 #54
Gotcha, but because the jury also said "no" to the rape charge, he likely would have won the lawsuit Polybius Dec 14 #57
the Bushes got rid of Dan Rather rustbeltvoice Dec 14 #15
beyond satire jvill Dec 14 #16
Wait ... A Donald Trump library? Bok_Tukalo Dec 14 #17
For this thread LetMyPeopleVote Dec 14 #35
Wow, ABC basically gave Trump a $16M bribe. SunSeeker Dec 14 #19
Very clever actually. Lucky Luciano Dec 14 #25
drumpf library JoseBalow Dec 14 #21
This is craziness. I got nothin" . Evolve Dammit Dec 14 #22
From the "New York Times": mahatmakanejeeves Dec 14 #24
Apology statement will be published online, not aired LetMyPeopleVote Dec 14 #34
America's new name: United States of Folded Lawn Chairs. Irish_Dem Dec 14 #26
He is such a festering piece of garbage. I hope nobody visits. Initech Dec 14 #27
Maybe they can teach Trump to read. bucolic_frolic Dec 14 #28
IMO, capitulation by ABC in order to take the heat off of them going forward. walkingman Dec 14 #29
that's what i think too......... Takket Dec 14 #39
Hell, i'm just considering this bluestarone Dec 14 #30
Ridiculous underpants Dec 14 #32
This contribution is to be held in escrow until trump establishes a 501(c)3 entity to build library LetMyPeopleVote Dec 14 #33
But was he not found civilly liable for raping Carroll? PortTack Dec 14 #36
No - he was found liable for sexually assaulting her FBaggins Dec 14 #40
No, he was found liable for "sexual abuse" under NY law, which the judge said was rape. SunSeeker Dec 15 #90
The problem with that is that another jury would be involved FBaggins Dec 15 #93
If the judge can say the jury found Trump raped her, so can Stephanopoulos. SunSeeker Dec 15 #94
So says the circular reasoning or confirmation bias - but again... there's a Miami jury involved FBaggins Dec 15 #104
Talk about circular reasoning...how the fuck would he have ANY damages? SunSeeker Dec 15 #106
Yes. Carroll's judge said the jury found Trump raped her. SunSeeker Dec 15 #89
WTAF?!?!?!? CaptainTruth Dec 14 #37
"inaccurate on-air assertion" - How many thousands (millions?) of those has Faux News made?!?!? CaptainTruth Dec 14 #38
Lots of them FBaggins Dec 14 #41
The only instance I know of, where FucksNews was ever held accountable. Jack Valentino Dec 14 #53
Settlements are often confidential- but it's hardly the only one FBaggins Dec 14 #67
So when does everyone maligned by fox news start suing? Hieronymus Phact Dec 14 #42
Yes. Every top Dem has been slandered countless times on air LymphocyteLover Dec 15 #96
Cowards LPBBEAR Dec 14 #43
This is so much Bullshit ass kidding that big fat evil orange ass! kimbutgar Dec 14 #44
Dear God Botany Dec 14 #45
He's going to have a "library??" Since when??? Rhiannon12866 Dec 14 #46
What library????? bdamomma Dec 14 #47
What was incorrect about George's statement? Orrex Dec 14 #48
Nothing Cirsium Dec 14 #49
See post 40 Polybius Dec 14 #55
He said 'the jury found him liable for rape' That is factually incorrect. The jury was asked 2 questions #1 was DJT kelly1mm Dec 14 #59
Nothing. Carroll's judge said the jury found Trump raped her. SunSeeker Dec 15 #91
It should read... ABC agrees to pay blackmail request. yourout Dec 14 #51
ABC was in the wrong. Groundhawg Dec 14 #56
TRUMP DIDN'T HAVE A CASE in my humble "I am not a lawyer" opinion... Jack Valentino Dec 14 #58
He said 'the jury found him liable for rape' That is factually incorrect. The jury was asked 2 questions #1 was DJT kelly1mm Dec 14 #60
The disagreement is semantics, between the 'legal' and the common sense defininition Jack Valentino Dec 14 #61
You are not misinformed on the issue of digital (finger) penetration. That is not rape under NY law. My understanding kelly1mm Dec 14 #62
But was it in fact 'rape', in your personal opinion ? Jack Valentino Dec 14 #64
I know you said that you are not a lawyer. Thus you may not know that juries are given what are called kelly1mm Dec 14 #66
Yes, I understand that. I also understand that juries sometimes ignore 'jury instructions', Jack Valentino Dec 14 #68
Yes I understand that DJT's liable case was DEFINATELY NOT a slam dunk. Hard to show the actual malace kelly1mm Dec 14 #69
And I submit that you are likely 'factually correct' on the technicalities Jack Valentino Dec 14 #72
Yes. A good conversation. The 15M is going to charity. However that charity is President Trump's library (if you can kelly1mm Dec 14 #73
I don't disagree with your point about liable laws and 'free speech', Jack Valentino Dec 14 #74
Shitler's case was total bullshit. What jury would award him damages? SunSeeker Dec 15 #76
So is your argument that ABC News and GS paid 15M to the President Trump Library fund and issued kelly1mm Dec 15 #85
NO. SunSeeker Dec 15 #87
It IS factually accurate as most people understand the term "rape." SunSeeker Dec 15 #77
For libel purposes, the phrase that is most important in not the word 'rape' but the phrase 'the JURY found'. From a kelly1mm Dec 15 #80
Carroll's judge said the jury found Trump raped her. SunSeeker Dec 15 #82
Please read my comment again. I put that in as one of the options that would NOT have gotten kelly1mm Dec 15 #84
If the judge can describe the verdict as the jury found Trump raped her, so can a lay journalist. SunSeeker Dec 15 #86
Thanks for the clarification. That was well thought out - especially the part about SLAPP suits. nt kelly1mm Dec 15 #99
Your nonlawyer opinion is correct. SunSeeker Dec 15 #79
I'm waiting for Karma. Boomerproud Dec 15 #105
Obeying in advance for a suit they would have won... JT45242 Dec 14 #65
Yup. Marc Elias gets it. SunSeeker Dec 15 #88
They can't do enough kacekwl Dec 15 #75
Let's not kid ourselves about what's going on here. unblock Dec 15 #78
Toilet-licking cowards Blue Owl Dec 15 #81
Boycotting abc is easy, have been doing it for years. niyad Dec 15 #83
Has Trump paid E. Jean Carroll the $83 million he owes her yet? tetedur Dec 15 #92
The money is in escrow awaiting appeal BumRushDaShow Dec 15 #97
Trump Library guss Dec 15 #95
Stockholm Syndrome is suddenly Trump syndrome Historic NY Dec 15 #98
They are going to donate to his fucking library..................so that he can display the covers turbinetree Dec 15 #100
His presidential library should be. McDonald's with a couple of books and wall to wall pictures of tsf MacKasey Dec 15 #101
So the court fount that he only forced his fingers in to a woman's Vagina, Not his penis. OK, Facts matter... mackdaddy Dec 15 #102
ABC isn't paying $15M, their advertisers are which is passed onto consumers. Bengus81 Dec 15 #103
Chicken shits hamsterjill Dec 15 #107

in2herbs

(3,245 posts)
2. Is this the lawsuit that is related to a judge just ruling that 45 has to appear for a deposition next week?
Sat Dec 14, 2024, 04:03 PM
Dec 14

Montauk6

(8,797 posts)
8. And with loving tribute and admiration to DU (as well as HOPEFULLY the rest of the Dems) for the next 4 and beyond...
Sat Dec 14, 2024, 04:09 PM
Dec 14

orleans

(35,400 posts)
63. donnie says forget the library, just hand over the cash and he'll figure out what to do with it nt
Sat Dec 14, 2024, 10:44 PM
Dec 14

Response to Dave Bowman (Reply #6)

50. One million goes toward the library and the rest directly into T***p's pockets.
Sat Dec 14, 2024, 09:40 PM
Dec 14

He'll probably buy an old Kmart, stick some self-aggrandizing crap in it, and lease it out from himself for a million a year. Don't forget the gift shop, where you can buy the most bestest Chinese made souvenirs at exorbitant prices.

Deuxcents

(20,367 posts)
12. TSF will now use this in his 83 million dollar judgement against him from the defamation verdict
Sat Dec 14, 2024, 04:21 PM
Dec 14

Even tho the judge ruled he “digitally raped her”.

SunSeeker

(54,198 posts)
18. You mean use to money to pay the judgment?
Sat Dec 14, 2024, 04:54 PM
Dec 14

Because you can't use a settlement as authority in another lawsuit.

Polybius

(18,664 posts)
52. I think it was the slightly lesser charge of sexual assault
Sat Dec 14, 2024, 09:52 PM
Dec 14

I could be wrong though, but officially, there's a difference in legal terms.

angrychair

(9,950 posts)
54. The jury found him liable
Sat Dec 14, 2024, 09:55 PM
Dec 14

For sexual assault but the judge clarified after the verdict that under NY state law that is considered rape.
ABC just folded line a lot of other news organizations.

Polybius

(18,664 posts)
57. Gotcha, but because the jury also said "no" to the rape charge, he likely would have won the lawsuit
Sat Dec 14, 2024, 09:59 PM
Dec 14

It's a slippery slope.

rustbeltvoice

(453 posts)
15. the Bushes got rid of Dan Rather
Sat Dec 14, 2024, 04:36 PM
Dec 14

Has anyone made an estimation how many people Dipshit Caligula has defamed?

mahatmakanejeeves

(61,946 posts)
24. From the "New York Times":
Sat Dec 14, 2024, 05:23 PM
Dec 14
ABC to Pay $15 Million to Settle a Defamation Suit Brought by Trump
The outcome of the lawsuit marks an unusual victory for President-elect Donald J. Trump in his ongoing legal campaign against national news organizations.

By Alan Feuer and Michael M. Grynbaum
Dec. 14, 2024, 4:33 p.m. ET

ABC News agreed on Saturday to give $15 million to President-elect Donald J. Trump’s future presidential foundation and museum to settle a defamation lawsuit filed by Mr. Trump this spring concerning on-air statements made by the network’s star anchor George Stephanopoulos. ... Under the terms of a settlement agreement filed in Federal District Court in Miami, ABC News and Mr. Stephanopoulos said they would soon publish a statement saying they “regret” the remarks that the anchor made about Mr. Trump during a televised interview in March.

ABC News, which is owned by the Walt Disney Company, will pay Mr. Trump an additional $1 million for his legal fees. ... The outcome of the lawsuit marks an unusual victory for Mr. Trump in his ongoing legal campaign against national news organizations. Several of his previous attempts to sue media outlets for defamation, including lawsuits against CNN, The New York Times and The Washington Post, ended in defeat.

{snip}

The settlement announced on Saturday required ABC to place an editor’s note at the bottom of an online article about the interview with Ms. Mace. The note was to read: “ABC News and George Stephanopoulos regret statements regarding President Donald J. Trump made during an interview by George Stephanopoulos with Rep. Nancy Mace on ABC’s This Week on March 10, 2024.”

The agreement was made public one day after a federal magistrate judge working on the defamation case ordered Mr. Trump to sit for a deposition next week in Florida. Mr. Stephanopoulos was also scheduled to sit for a deposition next week.

-- -- -- -- -- --

Alan Feuer covers extremism and political violence for The Times, focusing on the criminal cases involving the Jan. 6 attack on the Capitol and against former President Donald J. Trump. More about Alan Feuer

Michael M. Grynbaum writes about the intersection of media, politics and culture. He has been a media correspondent at The Times since 2016. More about Michael M. Grynbaum

walkingman

(8,636 posts)
29. IMO, capitulation by ABC in order to take the heat off of them going forward.
Sat Dec 14, 2024, 05:48 PM
Dec 14

The American public should be ashamed of themselves for electing such a piece of garbage. It says more about the American voter than it does about Trump.

Takket

(22,699 posts)
39. that's what i think too.........
Sat Dec 14, 2024, 06:57 PM
Dec 14

ABC/Disney killed two birds with one stone. got rid of the lawsuit and paid a bribe. This lawsuit was patently absurd from the get-go. Suing a journalist for basically reading a court opinion? This had no chance of success in front of a judge or jury.

LetMyPeopleVote

(156,236 posts)
33. This contribution is to be held in escrow until trump establishes a 501(c)3 entity to build library
Sat Dec 14, 2024, 06:23 PM
Dec 14

ABC's lawyers will hold the $15 million in escrow until trump provides proof that a valid 501(c)(3) entity is formed for a presidential library. I wonder what happens if trump never forms this entity.




FBaggins

(27,844 posts)
40. No - he was found liable for sexually assaulting her
Sat Dec 14, 2024, 07:14 PM
Dec 14

The jury was explicitly asked whether or not he raped her and said "no".

The defense in this case (which matches some of the judge's comments) is that the NY jury was given a very narrow definition of the term which did not fit her accusations... but that other people use the term in broader sense.

Once the motion to dismiss without a trial was rejected - ABC obviously felt that $16 million was easier/cheaper than the likely results.

SunSeeker

(54,198 posts)
90. No, he was found liable for "sexual abuse" under NY law, which the judge said was rape.
Sun Dec 15, 2024, 06:27 AM
Dec 15

George Stephanopoulos is not a lawyer. He was using the word "rape" as it is commonly understood. The jury found that Trump penetrated E. Jean Carroll's vagina with his fingers. Most Americans consider that rape. That is why Stephanopoulos used the word rape. Shortly before Stephanopoulos had that interview with Mace and said that, the judge in Carroll's case had clarified that what the jury found was what would commonly be considered rape:

Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

FBaggins

(27,844 posts)
93. The problem with that is that another jury would be involved
Sun Dec 15, 2024, 07:06 AM
Dec 15

The defense would no doubt use the explanation you've provided (which is entirely reasonable) - but the jury form had an explicit question - "Did Ms. Carroll prove, by a preponderance of the evidence, that Mr. Trump raped Ms. Carroll"

... and they checked "no".

The prospect of a new jury (in Miami vs NY) placing "has been found liable for rape by a jury" next to that "no" was too risky to take the chance of going to trial.

SunSeeker

(54,198 posts)
94. If the judge can say the jury found Trump raped her, so can Stephanopoulos.
Sun Dec 15, 2024, 07:51 AM
Dec 15

As the judge in the Caroll case made clear, we are not required to restate a jury verdict form verbatim in all its legalese. We can summarize a jury's finding in every day comonly used language, namely, that the jury found Trump raped her.

Sure, a Miami jury could be more conservative than a Manhattan jury, but even if they decided that George's statement was incorrect, then they would have to find malice, and then damages. What are Trump's damages?? He got elected after George said that, and that's despite being convicted of 34 felonies. What person suddenly thought worse of Trump because of how George Stephanopoulos described the Carroll verdict?

You are overstating the risk ABC would be taking in terms of any judgement after trial.

The risk ABC/Disney was probably most afraid of was being in the bad graces of our dictactor-elect, not any judgment in this stupid case. That's why I think they coughed up $16M.

FBaggins

(27,844 posts)
104. So says the circular reasoning or confirmation bias - but again... there's a Miami jury involved
Sun Dec 15, 2024, 01:42 PM
Dec 15

They don't have to find malice by a criminal "beyond a reasonable doubt" standard... just be a "more likely than not" standard - which a Miami jury could do pretty easily since George had been a political strategist for a Democratic president. And then you're way off on your assumptions of how damages work. How much was he ordered to pay Caroll? Tens of millions of dollars. Not because that's the damage she suffered - but because damages are also based on punitive damages determined by his wealth. A company the size of ABC could trigger a very large award.

You may not be that far off on the risk of losing. But say they evaluate it as merely a 10% chance of losing $200 million? $16 now is cheaper than millions in legal fees plus that 10% chance.

SunSeeker

(54,198 posts)
106. Talk about circular reasoning...how the fuck would he have ANY damages?
Sun Dec 15, 2024, 05:32 PM
Dec 15

Let alone $200 million! 26 women had already accused him of rape, including his first wife. He himself admitted he "grabs" women "by the pussy," which is what he did to Carroll. When Trump lied that she was a "nutjob" and he "never met her" she got death threats and it affected her otherwise excellent reputation as a writer. Stephanopoulos repeating what CARROLL'S JUDGE HAD ALREADY SAID (that the jury found Trump raped Carroll) changed nothing for Trump. NOBODY's opinion of Trump, nor their actions toward him, were changed by Stephanopoulos repeating what Judge Kaplan had already said from the bench.

If news organizations fold in the face his kind of shit, we lose the First Amended and slide into a kleptocratic dictatorship. You justifying this settlement is just greasing the skids. We should not be obeying in advance.

This sets a horrible precedent. This will further chill critical reporting of Trump. Trump's defamation/libel suits are basically SLAPP suits. They are about intimidation, to prevent people from saying critical things about Trump, a public figure. And now he will be filing a shit ton more of them, thanks to ABC caving.

You are not helping matters by defending this harmful cowardice by ABC.

ABC had the money to fight Trump and take it to trial. Most people, including many journalists, don't have that kind of money. How can we expect these smaller folks to be braver than ABC? This is horrible for our country.

SunSeeker

(54,198 posts)
89. Yes. Carroll's judge said the jury found Trump raped her.
Sun Dec 15, 2024, 06:20 AM
Dec 15

George Stephanopoulos is not a lawyer. He was using the word "rape" as it is commonly understood. The jury found that Trump penetrated E. Jean Carroll's vagina with his fingers. Most Americans consider that rape. That is why Stephanopoulos used the word rape. Shortly before Stephanopoulos had that interview with Mace and said that, the judge in Carroll's case had clarified that what the jury found was what would commonly be considered rape:

Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

FBaggins

(27,844 posts)
41. Lots of them
Sat Dec 14, 2024, 07:16 PM
Dec 14

Indeed - they hold the world record for a defamation settlement because of it.

FBaggins

(27,844 posts)
67. Settlements are often confidential- but it's hardly the only one
Sat Dec 14, 2024, 11:09 PM
Dec 14

Last year there was $12million for one of Carlson’s producers

And I think the Smartmatic suit is still pending

Hieronymus Phact

(519 posts)
42. So when does everyone maligned by fox news start suing?
Sat Dec 14, 2024, 08:05 PM
Dec 14

Shouldn't every Democrat in office be suing them over their numerous lies and slanders?

LymphocyteLover

(7,053 posts)
96. Yes. Every top Dem has been slandered countless times on air
Sun Dec 15, 2024, 07:54 AM
Dec 15

This settlement is fucking outrageous

Rhiannon12866

(225,532 posts)
46. He's going to have a "library??" Since when???
Sat Dec 14, 2024, 08:59 PM
Dec 14

What would they put in it, we know he doesn't read (despite stealing boxes of classified documents...)

Cirsium

(1,242 posts)
49. Nothing
Sat Dec 14, 2024, 09:33 PM
Dec 14

Nothing at all. Nada. Zilch. Gar nichts. Rien du tout. Niente. Τίποτε. Ничто. Semmi.

kelly1mm

(5,446 posts)
59. He said 'the jury found him liable for rape' That is factually incorrect. The jury was asked 2 questions #1 was DJT
Sat Dec 14, 2024, 10:16 PM
Dec 14

guilty of rape under NY law. They answered no. #2 was DJT guilty of sexual assault under NY law. They answered yes.

That is the total of the disagreement.

SunSeeker

(54,198 posts)
91. Nothing. Carroll's judge said the jury found Trump raped her.
Sun Dec 15, 2024, 06:37 AM
Dec 15

George Stephanopoulos is not a lawyer. He was using the word "rape" as it is commonly understood. The jury found that Trump penetrated E. Jean Carroll's vagina with his fingers. Most Americans consider that rape. That is why Stephanopoulos used the word rape. Shortly before Stephanopoulos had that interview with Mace and said that, the judge in Carroll's case had clarified that what the jury found was what would commonly be considered rape:

Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

Jack Valentino

(1,538 posts)
58. TRUMP DIDN'T HAVE A CASE in my humble "I am not a lawyer" opinion...
Sat Dec 14, 2024, 10:09 PM
Dec 14

I was actually watching the ABC show that Sunday morning in question, either because I had grown weary of 'Meet The Press' or because they were pre-empted by some sports event-- I can't recall the date now, but I remember that I was very happy with George Stephanopoulos for pressing and refusing to back down on that exact point--- that Trump had been found "liable" for what the judge afterwards described as 'rape', in that civil case.

Disappointed in ABC, but I suppose they may consider this as merely a 'business decision',
and the amount tendered might be less than they estimated it could cost them in legal expenses alone,
just to fight the case out to a conclusion that they weren't guaranteed to win....

$15 million.... well, I suppose they are rich, right ? Probably "chump change" to them, to make this go away.

If I were the judge, I would have dismissed the case... but I'm not a lawyer either, much less a judge.


In the end.... "Trump wins again" when he clearly deserved to LOSE. I grow weary of that....


Eventually, the judgement from 'karma' is coming,
and that bill is bound to be high....

Money won't settle that case.


kelly1mm

(5,446 posts)
60. He said 'the jury found him liable for rape' That is factually incorrect. The jury was asked 2 questions #1 was DJT
Sat Dec 14, 2024, 10:21 PM
Dec 14

guilty of rape under NY law. They answered no. #2 was DJT guilty of sexual assault under NY law. They answered yes.

That is the total of the disagreement.

Jack Valentino

(1,538 posts)
61. The disagreement is semantics, between the 'legal' and the common sense defininition
Sat Dec 14, 2024, 10:33 PM
Dec 14

of 'rape', I guess....

George isn't a lawyer... he may have mis-characterized the legal decision of the jury,
but a semantical error does not equate with 'liable', IMHO--
especially when the supposed victim is a public figure,
for which there are much higher requirements to prove 'liable'

I think 'malice' is one of those requirements-- something very hard to prove from an interview.


Common sense dictates that 'digital penetration' is in fact 'rape'--
what I have heard of the case is that this was one of the allegations.

Am I misinformed on that ?

kelly1mm

(5,446 posts)
62. You are not misinformed on the issue of digital (finger) penetration. That is not rape under NY law. My understanding
Sat Dec 14, 2024, 10:40 PM
Dec 14

(I am not a NY lawyer) is that under NY law rape is defined as penetration by a penis into a vagina, rectum or mouth. That is why when specifically asked if DJT committed rape under NY law, the jury answered no.

George said specifically that the JURY had found DJT liable for rape. That is just factually incorrect.

Jack Valentino

(1,538 posts)
64. But was it in fact 'rape', in your personal opinion ?
Sat Dec 14, 2024, 10:49 PM
Dec 14

As I recall, the presiding judge thought so.


Regardless of the technicalities of New York state rape law,
I think that a jury assigned to this liable case,
who aren't lawyers either, and are more governed by common sense
would have been hard-put to have found in Trump's favor.

kelly1mm

(5,446 posts)
66. I know you said that you are not a lawyer. Thus you may not know that juries are given what are called
Sat Dec 14, 2024, 11:01 PM
Dec 14

jury instructions. Those instructions will at minimum have all the elements of the crime explained in great detail. Again, the legal definition of rape in NY, for lack of a better phrase, requires a penis to be involved. That is why the jury did in fact find that DJT was not liable for rape.

As to my definition of rape? Are you asking if I am in court or at a cocktail party? In court I would review the statutory definition of rape and base my thoughts on that. At a cocktail party? 100% this is rape.

All this though is not the problem that ABC had. The problem that ABC had was Stephanopoulos said:

'the JURY found him liable of rape'

Do you understand that when the jury SPECIFIALLY DID NOT find him liable for rape, that is a problem?

Jack Valentino

(1,538 posts)
68. Yes, I understand that. I also understand that juries sometimes ignore 'jury instructions',
Sat Dec 14, 2024, 11:10 PM
Dec 14

and in THIS case they should have done so, if it ever had come to that point---

just as they should probably ignore any 'jury instructions' having to do with any future case prosecuting women or doctors for violating state laws against abortion.


I still say that George's "mistake" in characterizing that jury's decision
does not rise to the standard of 'liable' against a public figure--
regardless of the deep and clearly out-of-date technicalities
of New York State rape law.

Do you understand that ?








kelly1mm

(5,446 posts)
69. Yes I understand that DJT's liable case was DEFINATELY NOT a slam dunk. Hard to show the actual malace
Sat Dec 14, 2024, 11:17 PM
Dec 14

element of liable against a public figure. I have been involved in several liable cases (although not in NY).

Jack Valentino

(1,538 posts)
72. And I submit that you are likely 'factually correct' on the technicalities
Sat Dec 14, 2024, 11:34 PM
Dec 14

of New York State 'rape law' in its relationship to this former case.... from a 'strictly legal' standpoint.

Thanks for your educational responses. Now I presume there is no further need for us to debate a case which no longer even exists! LOL


As I said before, I am disappointed with ABC for 'settling' this case,
but I suspect it was merely a 'business decision'

The unfortunate part of it was how it threw free speech 'under the bus'
while handing Trump a tidy suitcase of millions.







kelly1mm

(5,446 posts)
73. Yes. A good conversation. The 15M is going to charity. However that charity is President Trump's library (if you can
Sat Dec 14, 2024, 11:39 PM
Dec 14

believe that!).

One other small quibble and not to start a fight. Liable laws have long been an exception to free speech.

Jack Valentino

(1,538 posts)
74. I don't disagree with your point about liable laws and 'free speech',
Sat Dec 14, 2024, 11:58 PM
Dec 14

although I suspect that in some cases you might agree that not all 'speech'
should have blanket 1st Amendment protections---
particularly if they are lies which represent themselves as facts,
as opposed to 'opinions'.--- the classic example being
screaming "FIRE!" in a crowded movie theater when there is no fire....

(or screaming "election fraud" and/or "the voting machines are rigged"
when those things are not true)


My conclusion from this case, and the many likely liables committed by right-wing media,
is that Democrats do not sue for liable enough....

SunSeeker

(54,198 posts)
76. Shitler's case was total bullshit. What jury would award him damages?
Sun Dec 15, 2024, 01:15 AM
Dec 15

First of all, Stephanopoulos is not a lawyer. He was using the word "rape" as it is commonly understood. The jury found that Trump penetrated E. Jean Carroll's vagina with his fingers. Most Americans consider that rape. That is why Stephanopoulos used the word rape. Shortly before Stephanopoulos had that interview with Mace and said that, the judge in Carroll's case had clarified that what the jury found was what would commonly be considered rape:

Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”


https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

So for a nonlawyer journalist to then describe the verdict as the jury having found Trump "raped" Carroll was reasonably accurate, and was certainly not done with malice, which is a prerequisite for a finding of defamation/liable against a public figure.

And even if it was done with malice, how in the world does Trump justify $15 million in damages? Who suddenly believed he had committed rape that did not already believe he committed rape? It certainly did not prevent him from being elected. His damages are zero.

kelly1mm

(5,446 posts)
85. So is your argument that ABC News and GS paid 15M to the President Trump Library fund and issued
Sun Dec 15, 2024, 03:17 AM
Dec 15

a clarification for no reason at all?

I propose a more likely explanation as explained in detail in my other posts that ABC's lawyers and their insurance companies pressured them to settle. In any event, it does not matter which of us is correct. it is a done deal.

SunSeeker

(54,198 posts)
87. NO.
Sun Dec 15, 2024, 04:34 AM
Dec 15

I am NOT arguing ABC paid $16M "for no reason at all." I don't know how you can suggest that. I believe they did it out of fear and to ingratiate themselves to our dictactor-elect. Basically, a bribe.

And it sure as fuck does matter at the end of the day. This sets a horrible precedent. This will further chill critical reporting of Trump. Trump's defamation/libel suits are basically SLAPP suits. They are about intimidation, to prevent people from saying critical things about Trump, a public figure. And now he will be filing a shit ton more of them, thanks to ABC caving.

You are not helping matters by defending this harmful cowardice by ABC.

ABC had the money to fight Trump and take it to trial. Most people, including many journalists, don't have that kind of money. How can we expect these smaller folks to be braver than ABC? This is horrible for our country.

SunSeeker

(54,198 posts)
77. It IS factually accurate as most people understand the term "rape."
Sun Dec 15, 2024, 01:27 AM
Dec 15

First of all, Stephanopoulos is not a lawyer. He was using the word "rape" as it is commonly understood. The jury found that Trump penetrated E. Jean Carroll's vagina with his fingers. Most Americans consider that rape. That is why Stephanopoulos used the word rape. Shortly before Stephanopoulos had that interview with Mace and said that, the judge in Carroll's case had clarified that what the jury found was what would commonly be considered rape:

Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

So for a nonlawyer journalist to then describe the verdict as the jury found Trump "raped" Carroll was a reasonably accurate description of the jury's verdict.

kelly1mm

(5,446 posts)
80. For libel purposes, the phrase that is most important in not the word 'rape' but the phrase 'the JURY found'. From a
Sun Dec 15, 2024, 01:47 AM
Dec 15

purely legal perspective THAT is why ABC settled.

If he would have said 'the jury found him liable for sexual assault', no problem as that is factually accurate.
If he would have said 'the jury found him liable for what most people would consider rape', almost definitely not a problem.
If he would have said they jury found him liable for what the Judge described as Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’, almost definitely not a problem.

He did not say any of those. He said 'the JURY found him liable of rape' which is a factually incorrect statement.

I don't know how to make it clearer.

SunSeeker

(54,198 posts)
82. Carroll's judge said the jury found Trump raped her.
Sun Dec 15, 2024, 02:24 AM
Dec 15
Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

I don't know how to make it clearer.

kelly1mm

(5,446 posts)
84. Please read my comment again. I put that in as one of the options that would NOT have gotten
Sun Dec 15, 2024, 03:08 AM
Dec 15

ABC in trouble.

I wrote:

"If he would have said they jury found him liable for what the Judge described as Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’, almost definitely not a problem."

Did you not read that?

In any event, ABC News and George S paid 15M to DJT's presidential library fund and agreed to issue a clarification. You can continue to believe they did that for no reason at all. I will continue to believe their attorneys/insurance co. pressured them to settle for the reasons I stated above. I AM NOT saying it was a slam dunk that DJT would win his libel lawsuit. Just that it is not as preposterous as many here claim.

It does not matter at the end of the day which of us is correct. It is a done deal.

SunSeeker

(54,198 posts)
86. If the judge can describe the verdict as the jury found Trump raped her, so can a lay journalist.
Sun Dec 15, 2024, 04:30 AM
Dec 15

I did read what you said. Dial back the arrogant condescension.

Sure, your awkward run-on sentence might have been "safer"--but no guarantee Trump wouldn't have sued regardless.

George could have been even safer if he had pulled out the jury verdict form and read it word for word.

Or, he could talk like a normal human being--which is what he did.

As the judge said, ordinary people would say that the jury found Trump raped Carroll. And that is exactly what George, a lay journalist, said.

I did not say ABC paid $16M "for no reason at all." Please don't put such silly words in my mouth. I believe they did it out of fear and to ingratiate themselves to our dictactor-elect.

And it sure as fuck does matter at the end of the day. This sets a horrible precedent. This will further chill critical reporting of Trump. Trump's defamation/libel suits are basically SLAPP suits. They are about intimidation, to prevent people from saying critical things about Trump, a public figure. And now he will be filing a shit ton more of them, thanks to ABC caving.

You are not helping matters by defending this harmful cowardice by ABC.

ABC had the money to fight Trump and take it to trial. Most people, including many journalists, don't have that kind of money. How can we expect these smaller folks to be braver than ABC? This is horrible for our country.

kelly1mm

(5,446 posts)
99. Thanks for the clarification. That was well thought out - especially the part about SLAPP suits. nt
Sun Dec 15, 2024, 10:34 AM
Dec 15

SunSeeker

(54,198 posts)
79. Your nonlawyer opinion is correct.
Sun Dec 15, 2024, 01:36 AM
Dec 15

George Stephanopoulos is not a lawyer either. He was using the word "rape" as it is commonly understood. The jury found that Trump penetrated E. Jean Carroll's vagina with his fingers. Most Americans consider that rape. That is why Stephanopoulos used the word rape. Shortly before Stephanopoulos had that interview with Mace and said that, the judge in Carroll's case had clarified that what the jury found was what would commonly be considered rape:

Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

https://www.huffpost.com/entry/trump-abc-lawsuit_n_675df4d7e4b0e1241a417b15

So for a nonlawyer journalist to then describe the verdict as the jury having found Trump "raped" Carroll was reasonably correct.

ABC caved for no legitimate reason. This sets a terrible precedent and will certainly chill critical reporting on Trump by news organizations and individuals. The next 4 years will be horrific, and we will probably never even learn about many of the terrible things Trump and his administration are doing, because journalists will be too scared to talk about it.

JT45242

(3,016 posts)
65. Obeying in advance for a suit they would have won...
Sat Dec 14, 2024, 10:56 PM
Dec 14

The entire main stream media will be one fascist propaganda because it will be more profitable.

The civil judge already said the sexual assault would colloquially be known as rape.

But Disney ownership caved either for tax breaks or to obey in advance.

kacekwl

(7,686 posts)
75. They can't do enough
Sun Dec 15, 2024, 12:06 AM
Dec 15

to kiss this guys ass. Shameful. Disney is the parent company of ABC. I just had to include the disclaimer because that's what they always say after running "stories" about some Disney show, movie, resort, cruise etc.

unblock

(54,309 posts)
78. Let's not kid ourselves about what's going on here.
Sun Dec 15, 2024, 01:32 AM
Dec 15

Billionaires and corporations are falling over themselves to "donate" to Donnie's inaugural slush fund and otherwise curry favor. Media corporations are competing for "access".

In this context, any payment from a business to Donnie is some combination of shakedown and bribe. The fact that this payment is happening in the guise of settling an almost entirely baseless legal case is missing the point. The case is just cover for the corrupt nature of the payment.

guss

(244 posts)
95. Trump Library
Sun Dec 15, 2024, 07:53 AM
Dec 15

Trumps library should be in a sewer. Every panic document he shredded and pumped down the white house shitter.
and any top secret document that could sell was in a Mara logo port a potty. wtf

turbinetree

(25,449 posts)
100. They are going to donate to his fucking library..................so that he can display the covers
Sun Dec 15, 2024, 11:09 AM
Dec 15

of classified documents or the pictures of his toilet with documents sitting on them as one of his great achievements..........or the six justices pictures with moohla under there feet giving him a free pass in Colorado ruling by not barring him from running and have his name removed from the ballot behind display case and in Florida case have a picture of the smiling judge judge basically throwing out the Espionage Act.........with those documents........but the all time favorite will be tapes of the votes in the senate run my Mitch McConnel stating along with Susan Collins and the other assholes that he will have learned his lesson and should not have been impeached........and he then will force the citizenry to make a pilgrimages to his fucking library every year to see his great accomplishments................

MacKasey

(1,265 posts)
101. His presidential library should be. McDonald's with a couple of books and wall to wall pictures of tsf
Sun Dec 15, 2024, 11:22 AM
Dec 15

So you are forced to look at him everywhere you go.

mackdaddy

(1,623 posts)
102. So the court fount that he only forced his fingers in to a woman's Vagina, Not his penis. OK, Facts matter...
Sun Dec 15, 2024, 11:31 AM
Dec 15

That makes it so much better.

What the actual F?

Bengus81

(7,558 posts)
103. ABC isn't paying $15M, their advertisers are which is passed onto consumers.
Sun Dec 15, 2024, 11:36 AM
Dec 15

That's why they can kiss Trumps lily white ass and it costs them NOTHING.

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