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In reply to the discussion: ABC agrees to give $15 million to Donald Trump's presidential library to settle defamation lawsuit [View all]SunSeeker
(57,411 posts)76. Shitler's case was total bullshit. What jury would award him damages?
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 Carrolls 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.
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.
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ABC agrees to give $15 million to Donald Trump's presidential library to settle defamation lawsuit [View all]
BumRushDaShow
Dec 2024
OP
Is this the lawsuit that is related to a judge just ruling that 45 has to appear for a deposition next week?
in2herbs
Dec 2024
#2
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 2024
#8
donnie says forget the library, just hand over the cash and he'll figure out what to do with it nt
orleans
Dec 2024
#63
One million goes toward the library and the rest directly into T***p's pockets.
LastLiberal in PalmSprings
Dec 2024
#50
TSF will now use this in his 83 million dollar judgement against him from the defamation verdict
Deuxcents
Dec 2024
#12
Gotcha, but because the jury also said "no" to the rape charge, he likely would have won the lawsuit
Polybius
Dec 2024
#57
IMO, capitulation by ABC in order to take the heat off of them going forward.
walkingman
Dec 2024
#29
This contribution is to be held in escrow until trump establishes a 501(c)3 entity to build library
LetMyPeopleVote
Dec 2024
#33
No, he was found liable for "sexual abuse" under NY law, which the judge said was rape.
SunSeeker
Dec 2024
#90
So says the circular reasoning or confirmation bias - but again... there's a Miami jury involved
FBaggins
Dec 2024
#104
"inaccurate on-air assertion" - How many thousands (millions?) of those has Faux News made?!?!?
CaptainTruth
Dec 2024
#38
He said 'the jury found him liable for rape' That is factually incorrect. The jury was asked 2 questions #1 was DJT
kelly1mm
Dec 2024
#59
He said 'the jury found him liable for rape' That is factually incorrect. The jury was asked 2 questions #1 was DJT
kelly1mm
Dec 2024
#60
The disagreement is semantics, between the 'legal' and the common sense defininition
Jack Valentino
Dec 2024
#61
You are not misinformed on the issue of digital (finger) penetration. That is not rape under NY law. My understanding
kelly1mm
Dec 2024
#62
I know you said that you are not a lawyer. Thus you may not know that juries are given what are called
kelly1mm
Dec 2024
#66
Yes, I understand that. I also understand that juries sometimes ignore 'jury instructions',
Jack Valentino
Dec 2024
#68
Yes I understand that DJT's liable case was DEFINATELY NOT a slam dunk. Hard to show the actual malace
kelly1mm
Dec 2024
#69
And I submit that you are likely 'factually correct' on the technicalities
Jack Valentino
Dec 2024
#72
Yes. A good conversation. The 15M is going to charity. However that charity is President Trump's library (if you can
kelly1mm
Dec 2024
#73
So is your argument that ABC News and GS paid 15M to the President Trump Library fund and issued
kelly1mm
Dec 2024
#85
For libel purposes, the phrase that is most important in not the word 'rape' but the phrase 'the JURY found'. From a
kelly1mm
Dec 2024
#80
Please read my comment again. I put that in as one of the options that would NOT have gotten
kelly1mm
Dec 2024
#84
If the judge can describe the verdict as the jury found Trump raped her, so can a lay journalist.
SunSeeker
Dec 2024
#86
Thanks for the clarification. That was well thought out - especially the part about SLAPP suits. nt
kelly1mm
Dec 2024
#99
They are going to donate to his fucking library..................so that he can display the covers
turbinetree
Dec 2024
#100
His presidential library should be. McDonald's with a couple of books and wall to wall pictures of tsf
MacKasey
Dec 2024
#101