Donald Trump setback in rape defamation case
Published27 October 2020
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E. Jean Carroll departs from her hearing at federal court during the coronavirus disease (COVID-19) pandemic in the Manhattan borough of New York City, New York, U.S., October 21, 2020
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image captionE Jean Carroll said she was happy the judge had recognised some "basic truths"
A US federal judge has dismissed an effort by the Department of Justice (DoJ) to defend President Donald Trump in a case brought by a woman who accuses him of raping her.
Columnist E Jean Carroll accuses Mr Trump of assaulting her in a Manhattan department store in the 1990s.
In a lawsuit, she argues the president defamed her when he denied her claim and said she was "totally lying".
The DoJ had sought to put itself in the dock as defendant, instead of Mr Trump.
Citing a law designed to protect federal employees from being sued over actions stemming from the performance of their duties, the department argued that he was serving in his capacity as president when he denied Ms Carroll's allegation.
What did the judge say?
But Judge Lewis Kaplan of the Federal District Court in Manhattan argued that the US president was not an "employee" within the meaning of that law - the Tort Claims Act.
Mr Trump's critics say that during his presidency he has compromised the DoJ, which is meant to operate independently of the White House.
The case was filed in New York state court in November 2019 and Mr Trump was represented by his personal lawyer Marc Kasowitz.
The sexual allegations against Donald Trump
The DoJ had raised this to a federal court level, where the case would pit Ms Carroll against the US government - not Mr Trump as a private citizen.
Experts say the move would have brought the lawsuit to an end as the federal government cannot be sued for defamation.
Judge Kaplan's ruling means the original case can go ahead.
media captionLife after #MeToo
In a 61-page ruling, Judge Kaplan said Mr Trump's comments "concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States".
How did E Jean Carroll respond?
Ms Carroll - who was an advice columnist for Elle magazine - said in a statement: "When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognised these basic truths."
Her lawyer Roberta Kaplan said the case would now be pursued in a federal court, adding: "That brutal, personal attack cannot be attributed to the Office of the President."
Ms Carroll's legal team has asked the president to provide a DNA sample so they can determine whether his genetic material is on a black Donna Karan dress that she says she was wearing at the time of the alleged assault.
What does E Jean Carroll allege?
She says the attack happened at a Bergdorf Goodman store in Midtown Manhattan in late 1995 or early 1996, when the pair bumped into each other while shopping.
The former Apprentice star and real estate magnate allegedly asked her for advice when buying lingerie for another woman and jokingly asked her to model it for him.
In the changing rooms, she said Mr Trump lunged at her, pinned her against a wall and forced himself on her.
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Ms Carroll claims she managed to push him off after a "colossal struggle".
Both Mr Trump and Ms Carroll were aged around 50 at the time, and he was married to Marla Maples.
Mr Trump has publicly denied the allegation several times, including saying that Ms Carroll was "totally lying" and "not my type".
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What are the sexual allegations against Donald Trump?
Published25 June 2019
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Donald Trump
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image captionDonald Trump has faced a series of sexual misconduct allegations dating back to the 1980s
US President Donald Trump has been accused of inappropriate sexual behaviour and misconduct by multiple women whose allegations span decades.
His accusers, including beauty queens, models and political aides, have made allegations dating back to the 1980s.
During the run-up to the 2016 presidential election, Mr Trump faced a barrage of sexual misconduct claims, bringing his behaviour towards women into sharp focus.
Most accusers came forward after a now-infamous "sex boasts" recording from 2005 was leaked. In it, Mr Trump said celebrities such as him can "do anything" to women, including "grab them by the pussy".
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Since taking office, more women have gone public with allegations.
Mr Trump has strongly denied all the allegations against him, dismissing them as "fake news", political smears and conspiracies.
Below are most of the publicly known allegations against Mr Trump, and his responses to them.
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Names: Jessica Leeds and Rachel Crooks
Jessica Leeds
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image captionJessica Leeds alleged Mr Trump groped her on a plane
Claims: Ms Leeds, 74, from Manhattan, says Mr Trump groped her in the early 1980s, when she was sitting beside him in the first-class cabin of a flight to New York.
She told the New York Times in October 2016 that about 45 minutes after take-off, Mr Trump lifted the armrest and started groping her. She claims the business mogul grabbed her breasts and tried to put his hand up her skirt.
She called the encounter "an assault", saying: "He was like an octopus. His hands were everywhere."
Ms Leeds, then 38, says she left her first-class seat and retreated to the standard-class cabin.
Ms Crooks, from Ohio, says Mr Trump kissed her on the cheeks and "directly on the mouth" when she introduced herself outside a lift in 2005. At the time Ms Crooks was a 22-year-old receptionist at Bayrock Group, a real estate firm based in Trump Tower.
She told the NYT: "I was so upset that he thought I was so insignificant that he could do that."
Trump's response: His lawyer sent a letter threatening to sue the NYT and calling the allegations "false and malicious".
"Clearly, The New York Times is willing to provide a platform to anyone wishing to smear Mr Trump's name and reputation," the letter says.
The NYT stands by the piece and calls it "public service journalism".
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Name: Mindy McGillivray
Claim: Ms McGillivray, 36, from California, says Donald Trump grabbed her backside at his Mar-a-Lago resort 13 years ago.
She told the Palm Beach Post that while she did not report the incident to police, she did tell her companion that day. Photographer Ken Davidoff, who Ms McGillivray was assisting, told the newspaper he recalled her pulling him aside and saying: ''Donald just grabbed my ass."
Ms McGillivray says she was standing next to Mr Trump and his then fiancee Melania when Mr Trump allegedly groped her.
Trump's response: Mr Trump's then press secretary, Hope Hicks, said: "There is no truth to this whatsoever. This allegation lacks any merit or veracity."
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Name: Natasha Stoynoff
Natasha Stoynoff
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image captionMs Stoynoff accused Mr Trump of sexually assaulting her during the 2016 presidential election
Claim: Former People Magazine writer Natasha Stoynoff, in a piece for the publication in October 2016, alleges Mr Trump pushed her against a wall and forced his tongue down her throat while she was at the Mar-a-Lago resort in 2005.
Ms Stoynoff claims the incident happened during a break while she was interviewing Mr Trump and his then pregnant wife Melania for a feature on their first year of marriage.
She says she was taken by surprise and that the alleged assault was interrupted when the resort's butler entered the room.
He later told her: "You know we're going to have an affair, don't you?"
She says she chose at the time not to report it because she felt ashamed and blamed herself for the incident.
Trump's response: A spokeswoman for the Trump presidential campaign said: "This has never happened. there is no merit or veracity to this fictional story. Why wasn't this reported at the time? Mr Trump was the biggest star on television and surely this would have been a far bigger scoop for People magazine. She alleges this took place in a public space with people around. This is nothing but politically motivated fictional pile-on."
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Name: Cassandra Searles
Cassandra Searles - beauty queen alleges Donald Trump repeatedly grabbed her backside, 2013
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Claim: Yahoo News reported in June 2016 on a Facebook post by Ms Searles, who participated in the Miss USA pageant, which was owned by Mr Trump from 2002 to 2015.
The 2013 Miss Washington tagged her fellow competitors on a picture of the women on stage with Mr Trump that was posted to the social network and wrote: "Do y'all remember that one time we had to do our onstage introductions, but this one guy treated us like cattle and made us do it again because we didn't look him in the eyes? Do you also remember when he then proceeded to have us lined up so he could get a closer look at his property?"
She also alleged that the presidential candidate continually grabbed her backside and invited her to his hotel room.
Trump's response: He has not directly responded to Ms Searles' claims.
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Name: Jill Harth
Jill Harth who alleges Donald Trump groped her, 28 March 2016
IMAGE COPYRIGHTLARRY BUSACCA
Claim: Ms Harth told The Guardian in October 2016 that over the course of their acquaintance, Mr Trump leered at her, made inappropriate comments, groped her and eventually cornered her in a bedroom during a 1993 visit to Mar-a-Lago.
There, Ms Harth alleges "he pushed me up against the wall, and had his hands all over me and tried to get up my dress again... I had to physically say: 'What are you doing? Stop it.'"
Ms Harth first spoke about some of her experiences with Mr Trump in a piece by the New York Times in May 2016 looking into his relationship with women.
In 1997, she filed a sexual assault lawsuit against Mr Trump, which she later dropped.
Trump's response: He has denied her claims and called them "meritless".
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Name: Jessica Drake
Claim: Mr Trump met the porn actress and sex educator 10 years ago at a golf tournament in Lake Tahoe, California, where he tried to persuade her to have sex, Ms Drake, 42, alleges.
Speaking at a news conference in Los Angeles, she said she went with two other women at Mr Trump's invitation to his hotel room. Mr Trump was wearing pyjamas when they arrived, she said.
The businessman "grabbed each of us tightly in a hug and kissed each one of us without asking permission".
After Ms Drake returned to her room, she says she received a phone call from a man, possibly Mr Trump, offering $10,000 (£8,200) if she went back to his suite. She could also use his private plane to fly to Los Angeles.
Trump's response: His campaign issued a statement saying: "This story is totally false and ridiculous." It went on: "Mr Trump does not know this person, does not remember this person and would have no interest in ever knowing her... this is just another attempt by the Clinton campaign to defame a candidate who just today is number one in three different polls."
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Names: Temple Taggart
Claim: Ms Taggart told the New York Times in May 2016 that as the 21-year-old Miss Utah in 1997, Mr Trump kissed her directly on the mouth without her consent.
"I remember feeling kind of embarrassed, like wanting to turn and wipe my mouth, like 'What just happened?'" she said.
They are also several other contestants from the Miss Universe, Miss USA and Miss USA Teen family of pageants - then owned by Mr Trump - that allege similar inappropriate conduct. Some of these claims were made anonymously.
Trump's response: Mr Trump denied Ms Taggart's claim, telling the newspaper he is reluctant to kiss strangers on the lips. He told NBC News he could not remember her.
Mr Trump's campaign did not respond directly to the other allegations.
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Name: Summer Zervos
Summer Zervos, former Apprentice participant, who accuses Donald Trump of inappropriate sexual conduct, 14 October 2016
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Claim: Ms Zervos, a former contestant on The Apprentice, said she was sexually assaulted by Mr Trump in 2007 after he invited her to discuss employment opportunities.
At a news conference, she said she had met him in a bungalow at the Beverly Hills Hotel where the businessman greeted her by kissing her on the mouth.
She described sitting next to him on a sofa where he "grabbed my shoulder and began kissing me again very aggressively and placed his hand on my breast".
Ms Zervos said he attempted to lead her into the bedroom and "began thrusting his genitals", but she rejected his advances.
He then began talking as if they were in a job interview, she added, and she was later offered a low-paying job at a golf course owned by Mr Trump.
Ms Zervos said she was a Republican.
Trump's response: Mr Trump's campaign said he "vaguely remembers" Ms Zervos, but insisted the meeting at the hotel didn't happen.
In a statement, he said: "The media is now creating a theatre of absurdity that threatens to tear our democratic process apart and poison the minds of the American public."
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Name: Kristin Anderson
Claim: Ms Anderson told the Washington Post in October 2016 that Mr Trump had reached up her skirt and groped her in a New York night club in the 1990s.
She immediately turned round to find a man sitting on a red velvet couch whom she recognised instantly as the celebrity property mogul.
Ms Anderson, who was working as a waitress at the time, said she was "very grossed out and weirded out".
"It wasn't a sexual come-on. I don't know why he did it. It was like just to prove that he could do it, and nothing would happen," she added.
The newspaper said it had approached Ms Anderson after learning of her story through a third party, and she had spent several days in deliberation before deciding to go public.
Trump's response: Hope Hicks, Mr Trump's spokeswoman, said in a statement emailed to the Washington Post: "Mr Trump strongly denies this phony allegation by someone looking to get some free publicity. It is totally ridiculous."
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Name: Cathy Heller
Claim: Ms Heller told the Guardian in October 2016 that she had met Mr Trump briefly at a Mother's Day lunch in 1997 at Mr Trump's Mar-a-Lago estate. She says she extended her hand to him for a handshake but he "grabbed" her to try and kiss her. When she leaned backwards to avoid him he said "come on" and ended up kissing the side of her mouth before walking away.
Ms Heller was a supporter of Hillary Clinton but her family and friends, including some who were present at the Mother's Day lunch, have come forward to back her story up.
Trump's response: Mr Trump's spokesman said in a statement: "There is no way that something like this could have happened in a public place on Mother's Day at Mr Trump's resort. It would have been the talk of Palm Beach for the past two decades."
He accused "the media" of "wheeling out a politically motivated Democratic activist" and said "anyone covering this story should be embarrassed for elevating this bogus claim".
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Name: Karena Virginia
Ms Virginia holds a press conference
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image captionMs Virginia made allegations against Mr Trump at a press conference in October 2016
Claim: Ms Virginia, a yoga instructor and life coach, went public with her allegations at a press conference in October 2016.
She claims that, after leaving the US Open at Flushing Meadows, New York, in 1998, Mr Trump approached her with a group of men.
Making comments about her appearance, he said "Hey, look at this one" while walking behind her, Ms Virginia alleges. Mr Trump allegedly grabbed her by the arm and touched her breast.
When Ms Virginia recoiled, Mr Trump allegedly responded by asking her: "Don't you know who I am? Don't you know who I am?"
"I felt intimidated, and I felt powerless," Ms Virginia said. "I felt ashamed that I was wearing a short dress and high heels."
Mr Trump's response: Jessica Ditto, then his campaign spokeswoman, called the allegations "another co-ordinated, publicity-seeking attack", suggesting the Clinton campaign was involved.
"Voters are tired of these circus-like antics and reject these fictional stories and the clear efforts to benefit Hillary Clinton," she added.
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Name: Ninni Laaksonen
Ninni Laaksonen, former Miss Finland
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image captionNinni Laaksonen claims Mr Trump grabbed her buttocks
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Claim: Ms Laaksonen claims Mr Trump grabbed her buttocks before they appeared together on the Late Show with David Letterman on 26 July, 2006.
"Trump stood right next to me and suddenly he squeezed my butt. He really grabbed my butt," she alleged in an interview with Finnish newspaper Ilta-Sanomat.
The former Miss Finland told the paper she "flinched" when Mr Trump touched her.
Ms Laaksonen said somebody told her Mr Trump found her attractive because she reminded him of his wife Melania, whom he had married a year earlier.
"It left me disgusted," she said.
Mr Trump's response: Mr Trump does not appear to have responded directly to Ms Laaksonen's allegations. However, Mr Trump did address sexual misconduct allegations against him in general at the time her claims were published.
In an interview with Good Morning America, he said "the stories are all totally false" and threatened to sue his accusers.
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Name: Juliet Huddy
Claim: In December 2017, the former Fox News host claimed Mr Trump tried to kiss her in 2005 or 2006.
She claims he "leaned in to kiss me on the lips" when the pair said goodbye.
Ms Huddy said the incident, which happened in an elevator in Trump Tower, surprised her but did not make her feel threatened.
"It was a weird moment," she said on podcast Mornin!!! With Bill Schulz. "He never tried anything after that, and I was never alone with him."
Mr Trump's response: He has not directly responded to Ms Huddy's claims.
When appearing on Ms Huddy's show, however, she alleges that Mr Trump later joked about the incident, saying: "I tried hitting on her but she blew me off."
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Name: Alva Johnson
Alva Johnson
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image captionMs Johnson filed a lawsuit against Mr Trump accusing him of kissing her without her consent
Claim: A former staffer for Mr Trump's campaign, Ms Johnson claims the then-candidate tried to forcibly kiss her after a rally in August 2016.
When she filed the suit in February 2019, she told the Washington Post she "felt violated because I wasn't expecting it or wanting it".
"I can still see his lips coming straight for my face," she added.
A federal court in Florida threw her case out in June 2019. Judge William Jung ruled that her claim - which included details of 19 other alleged incidents of sexual misconduct by Mr Trump - amounted to no more than a political statement.
Mr Trump's response: Mr Trump and the White House denied Ms Johnson's allegations.
Then White House press secretary Sarah Sanders said the allegation was "absurd on its face", adding: "This never happened and is directly contradicted by multiple highly credible eyewitness accounts."
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Name: E Jean Carroll
E. Jean Carroll attending an event in 2015
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image captionE. Jean Carroll - seen here at an event in 2015 - has made the allegation in an article
Claim: Ms Carroll claims Mr Trump sexually assaulted her at a Bergdorf Goodman department store in Manhattan, New York in late 1995 or early 1996.
The former Apprentice star allegedly asked her for advice when buying lingerie for another woman and jokingly asked her to model it for him.
In the charging rooms, Mr Trump allegedly lunged at her, pinned her against a wall and forced himself on her.
Ms Carroll, whose "Ask E. Jean" column has appeared in Elle magazine since 1993, claims she managed to push him off after a "colossal struggle".
She made her allegations public in New York Magazine in June 2019.
Mr Trump's response: He accused Ms Carroll of "totally lying" about allegations.
"I'll say it with great respect: Number one, she's not my type. Number two, it never happened. It never happened, OK?" Mr Trump told The Hill.
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