A federal judge denied Donald Trump's motion to dismiss E. Jean Carroll's defamation lawsuit, finding the former president's legal arguments are "without merit."
Trump filed a motion for summary judgment to dismiss Carroll's original defamation lawsuit filed in 2019. He argued he was entitled to immunity because he was president at the time he made statements denying Carroll's rape allegation and that his statements were not defamatory.
Judge Lewis Kaplan denied Trump's motion and his request to amend his answer to argue immunity as a defense in the case, noting that Trump already waived that as a possible defense and allowing it now would unfairly prejudice Carroll.
"There is no basis to risk prolonging the resolution of this litigation further by permitting Mr. Trump to raise his absolute immunity defense now at the eleventh hour when he could have done so years ago," the judge wrote.
There are additional legal motions outstanding. The case is set to go to trial early next year.
"Judge Kaplan's denial of summary judgment confirms that once again, Donald Trump's supposed defenses to E Jean Carroll's defamation claims don't work," Robbie Kaplan, an attorney for Carroll, said in a statement. "Trump chose to waive presidential immunity and now he must live with the results of that decision."
CNN has reached out to Trump's attorney.
This case is separate from the 2022 battery and defamation lawsuit that went to trial earlier this year. A jury awarded Carroll $5 million in compensatory and punitive damages and found Trump sexually abused and defamed her. Trump this week filed a counter claim against Carroll alleging she defamed him when she appeared on CNN the day after the jury verdict and said, "Oh yes he did" rape her.
This story has been updated with a statement from Carroll's attorney.
