Lawyers for E Jean Carroll Urge Judge to Deny Trump’s Renewed Motion in Defamation Case

(Left) Former President Donald Trump speaks during the Alabama Republican Party’s 2023 summer meeting at the Renaissance Montgomery Hotel in Montgomery, Ala., on Aug. 4, 2023. (Right) E. Jean Carroll leaves following the trial at Manhattan Federal Court, N.Y., on May 8, 2023. Julie Bennett/Getty Images, Stephanie Keith/Getty Images

Lawyers for writer E. Jean Carroll have claimed in court that former President Donald Trump is making “meritless” claims that she failed to meet her burden in showing his conduct was the cause of her injuries as part of her defamation case against him.

In court filings (pdf) on March 26, attorneys for Ms. Carroll, a magazine columnist, said she had presented “overwhelming evidence” in support of her case against President Trump, whom she filed a defamation lawsuit against in 2019.

The lawsuit accused him of having denied raping her in a dressing room at the Bergdorf Goodman department store in Manhattan in 1995 or 1996.

Lawyers for President Trump had unsuccessfully attempted to dismiss the lawsuit on the basis he should be granted absolute presidential immunity in the case.

However, in January, a federal jury awarded Ms. Carroll $83.3 million in damages as a result of President Trump’s defamatory statements. The figure consisted of $18.3 million for compensatory damages, which included $11 million to fund a campaign to repair Ms. Carroll’s reputation, $7.3 million for emotional harm, and $65 million in punitive damages.

The jury was instructed to accept as true the sexual assault allegations, as a separate civil case last year found President Trump liable for “sexual battery” and awarded Ms. Carroll $5 million in damages, including $2 million in damages for sexual abuse and around $3 million for defamation.

That case was filed after the New York State Legislature passed a law known as the “Adult Survivor Act,” which grants victims of certain sexual offenses a one-year window to file a civil lawsuit against alleged offenders.

Trump Posts $91.6 Million Bond

President Trump, who has repeatedly maintained his innocence, posted a $91.6 million bond in the former case earlier this month following January’s ruling while his lawyers appeal the amount to be awarded to Ms. Carroll.

His legal team is hoping the verdict will be set aside or the amount will be greatly reduced by U.S. District Judge Lewis Kaplan, who is overseeing the case.

Lawyers for President Trump have also argued Ms. Caroll failed to meet the burden of showing that President Trump’s conduct was the cause of her injuries.

‘Carroll Offered Overwhelming Evidence’

Ms. Carroll’s lawyer Roberta Kaplan disagrees.

“Trump took the stand for less than three minutes. And the jury returned a verdict entirely in favor of Carroll, awarding her $83.3 million in damages,” Ms. Kaplan wrote in the March 26 filing. “Trump argues that Carroll failed to show that ‘her injuries were not caused by third parties,’ and asserts (without support) that she ‘cannot recover if the evidence establishes one or more possible causes of injury for which [Trump] is not responsible ... By contrast, Carroll offered overwhelming evidence that Trump’s defamation caused her injuries,” the lawyer continued.

President Trump, the lawyer said, “has provided no basis for overturning the jury’s verdict” in the defamation lawsuit against him and his arguments as part of efforts to set aside January’s verdict or, at a minimum, reduce the amount of money he now owes Ms. Carroll, are “meritless,” the lawyer concluded.

E. Jean Carroll arrives for her defamation trial against former President Donald Trump at New York Federal Court, on January 16, 2024. Stephanie Keith/Getty Images

For this reason, Ms. Kaplan asked the court to deny a renewed motion filed by President Trump’s legal team alleging Ms. Carroll failed to show his actions caused injury.

Speaking earlier this month after President Trump posted the $91.6 million bond, his lawyer, Alina Habba said she was hopeful his appeal would be successful.

“Due to the numerous prejudicial errors made at the lower level, we are highly confident that the Second Circuit will overturn this egregious judgment,” Ms. Habba said in a statement.

The Epoch Times has contacted Ms. Habba for further comment.

Zachary Stieber contributed to this report.