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Trump seeks to toss E. Jean Carroll sexual assault lawsuit and claims new New York law is unconstitutional



CNN

Former President Donald Trump asked a federal court on Wednesday to dismiss the sexual assault lawsuit. The lawsuit was filed under new New York state law by the former magazine columnist who accused Trump of rape.

Trump has argued that the Adult Survivors Act, a law, violates due process protections in the New York State Constitution. He also called the additional defamation claims filed by accuser E. Jean Carroll “baseless and legally flawed.”

The Adult Survivors Act took effect Nov. 24, and Carroll filed a lawsuit against Trump that day. The law gives him a year before an adult survivor of sexual assault can file a lawsuit against the perpetrator.

The lawsuit is the second lawsuit Carroll has filed against Trump, but the first to try to hold him accountable for the alleged rape of Carroll in a New York department store dressing room in the mid-1990s. litigation. Trump has denied any wrongdoing through his lawyers.

In the new lawsuit, she will order a judge to recant Trump’s alleged defamatory remarks about her and award compensatory, punitive and exemplary damages in amounts determined by the court. I’m looking for

In 2019, after denying sexual assault allegations, Carroll sued the then-president for defamation, saying he never met Carol, she’s not his type, and that she’s driving sales of her new book. He said he had made up the story for the sake of it.

At last month’s lawsuit, Carroll restated an earlier statement, saying something similar about her from October 2022 when Trump was set to sit for depositions related to the 2019 lawsuit. I added a new statement when I said

Carroll’s 2019 defamation lawsuit against Trump was out of balance, as he and the Justice Department alleged he was acting within the scope of his duties as president.

A federal judge sided with Carroll, but the Court of Appeals acknowledged that Trump was a federal employee at the time of his remarks, but told the DC Court of Appeals that his comments were within his employment. I asked him to consider whether

The DC Court of Appeals is moving the case forward quickly and may rule early next year. If the court decides against Carol, the lawsuit is likely to be dismissed because the federal government cannot be sued for defamation.

If the 2019 lawsuit is dismissed, defamation claims from 2022 will remain unaffected.