A federal judge has denied an attempt by ABC News and broadcaster George Stephanopoulos to dismiss a defamation lawsuit filed by former President Donald Trump.
In the lawsuit filed on March 18, Trump alleged Stephanopoulos knowingly defamed him over ten times during an interview with Rep. Nancy Mace (R-S.C.) by claiming the former president had been found liable of raping E. Jean Carroll.
“These statements were and remain false, and were made by Defendant Stephanopoulos with actual malice or with a reckless disregard for the truth given that [he] knows that these statements are patently and demonstrably false,” the filing states. “Indeed, the jury expressly found that [Trump] did not commit rape and, as demonstrated below … Stephanopoulos was aware of the jury’s finding in this regard yet still falsely stated otherwise.” [Emphasis in original]
The suit further sought to hold ABC News accountable for publishing, authorizing and approving the host’s claims, which were "seen and heard by millions of viewers."
In a Wednesday ruling, Chief Judge Cecilia M. Altonaga of the U.S. District Court of the Southern District of Florida denied the effort to dismiss the suit. NEW: Florida federal court DENIES an effort by ABC to dismiss the Trump defamation case against George Stephanopoulos.
Trump sued Stephanopoulos for defamation over a March 2024 broadcast where he claimed Trump was “found liable for rape” in the E. Jean Carroll case. pic.twitter.com/zmrmq6CjDj
— Kaelan Deese (@KaelanDC) July 24, 2024
The defendants cited three grounds for dismissal, including an argument that the ABC broadcaster’s statement was “substantially true.”
“A reasonable jury could interpret Stephanopoulos’s statements as defamatory,” Altonaga wrote. “Stephanopoulos’s exchange with Mace lasted about ten minutes, during which Stephanopoulos stated ten times that a jury – or juries – had found Plaintiff liable for rape. In fact, of course, the … jury did not find [Trump] liable for rape under New York Penal Law.” [Emphasis in original]
“The Court finds that the segment is, at least, ‘confusing or ambiguous’ and susceptible to defamatory interpretation,” she added.
The defendants also sought dismissal due to collateral estoppel, which is a legal doctrine that prevents issues from being re-litigated after a previous case.
Altonaga, however, ruled that the doctrine “would not be fairly applied in these circumstances.”
The judge also stated that the defendant’s third argument for dismissal – protection under Florida’s fair report privilege granted to news organizations – did not meet the burden of proof.
Trump praised the decision on Truth Social this afternoon.
“A BIG WIN TODAY IN HIGH FLORIDA COURT AGAINST ABC FAKE NEWS, AND LIDDLE’ GEORGE SLOPADOPOLUS,” wrote the former president. “A POWERFUL CASE! BEFORE YOU KNOW IT, THE FAKE NEWS MEDIA WILL BE FORCED BY THE COURTS TO START TELLING THE TRUTH. THIS IS A GREAT DAY FOR OUR COUNTRY. MAGA2024!” A BIG WIN TODAY IN HIGH FLORIDA COURT AGAINST ABC FAKE NEWS, AND LIDDLE’ GEORGE SLOPADOPOLUS. A POWERFUL CASE! BEFORE YOU KNOW IT, THE FAKE NEWS MEDIA WILL BE FORCED BY THE COURTS TO START TELLING THE TRUTH. THIS IS A GREAT DAY FOR OUR COUNTRY. MAGA2024!@realDonaldTrump Donald…
— Donald J. Trump Posts From His Truth Social (@TrumpDailyPosts) July 24, 2024
During the March 10 interview with Mace, Stephanopoulos questioned the lawmaker about her endorsement of Trump.
“Judges and two separate juries have found him liable for rape and for defaming the victim of that rape,” he said. “How do you square your endorsement of Donald Trump with the testimony we just saw?”
“Well, I will tell you, I was raped at the age of 16 and any rape victim will tell you — I’ve lived for 30 years with an incredible amount of shame over being raped,” Mace replied. “I didn’t come forward because of that judgment and shame that I felt. And it’s a shame that you will never feel, George, and I’m not gonna sit here on your show and be asked a question meant to shame me about another potential rape victim. I’m not gonna do that.”
When Stephanopoulos repeated his claim, Mace responded that the verdict did not emerge from a criminal court case.
“I live with shame,” she continued. “You’re asking me a question about my political choices trying to shame me as a rape victim and I find it disgusting.”
Trump’s lawsuit cites the verdict form issued by the jury on May 9, 2023, which shows "the jury determined that Carroll failed to prove her allegation of rape and found the Plaintiff not liable as to that allegation," the suit states. Here's PROOF even the fraudulent, corrupt E Jean Carroll jury did NOT find Trump guilty of rape and that the Lincoln Project is a group of frauds: pic.twitter.com/2UOqcdH2zS
— GreatAmericanMail (@mail_american) January 29, 2024
The filing cites several instances from separate broadcasts wherein Stephanopoulos refers to Trump being found liable for sexual abuse and defamation — but not rape.
During a May 10 interview with Carroll on Good Morning America, Stephanopoulos asked, "How about yesterday in the courtroom ... the first announcement was made, and it was that he was not found liable for rape. What were you thinking in that moment?"
"Given Stephanopoulos' knowledge of the actual verdicts ... and given his vast experience as a journalist, his repeated statements that [Trump] was found liable for rape were false, intentional, malicious and designed to cause harm," the filing states. "[He] knew that his statements about [Trump] were false yet made them in any event."
