NEW YORK (Reuters) -A U.S. judge on Monday dismissed Donald Trump’s defamation counterclaim against the writer E. Jean Carroll, who won a $5 million jury verdict for defamation and sexual assault against the former president in May.
Trump had sued Carroll for defamation after she said “oh yes, he did; oh yes, he did” when asked on CNN about the jury’s finding that he had not raped her, but that he was liable for sexual assault.
He also objected to Carroll recounting how she had told his lawyer “he did it and you know it” shortly after the verdict was read.
U.S. District Judge Lewis Kaplan in Manhattan said Trump’s defamation claim must be dismissed because Carroll’s statements were at least “substantially true,” and Trump failed to show that Carroll made them with actual malice.
Trump filed his counterclaim in a second defamation lawsuit by Carroll, where she is seeking at least $10 million.
Lawyers for Trump and Carroll did not immediately respond to requests for comment.
(Reporting by Jonathan Stempel in New York; editing by Grant McCool)
