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defamation
Florida Judge Tosses Trump NYT Defamation Suit Mere Days After It Was Filed
"Even under the most generous and lenient application of [the rules], the complaint is decidedly improper and impermissible," said Judge Steven Merryday.
Sep 19, 2025
US President Donald Trump's $15 billion defamation lawsuit against The New York Times, which was widely ridiculed by many legal experts upon its filing, has already been thrown out of court.
Judge Steven Merryday of the United States District Court for the Middle District of Florida on Friday ruled that the lawsuit filed by Trump violated Rule 8(a) of the Federal Rules of Civil Procedure, which requires "'simple, concise, and direct' allegations that offer a 'short and plain statement of the claim.'"
To illustrate this point, Merryday noted that the Trump lawsuit takes up 85 pages despite only containing two simple counts of defamation against the newspaper.
The judge then knocked Trump's lawyers for taking dozens of pages to make their central arguments in the complaint, and he pointed out that "Count I appears on page 80, and Count II appears on page 83." This led him to conclude that "even under the most generous and lenient application of Rule 8, the complaint is decidedly improper and impermissible."
"It's never a good sign when a judge has to remind a lawyer that 'a complaint remains an improper and impermissible place for the tedious and burdensome aggregation of prospective evidence, for the rehearsal of tendentious arguments, or for the protracted recitation and explanation of legal authority putatively supporting the pleader’s claim for relief,'" said Nico Perrino, executive vice president of the Foundation for Individual Rights in Education.
Merryday, an appointee of President George HW Bush, also subtly ridiculed the president's attorneys for stuffing their complaint with "repetitive and laudatory" praise of their client, including one instance in which they said his reality TV show, "The Apprentice," exemplified "the cultural magnitude of President Trump’s singular brilliance, which captured the [Z]eitgeist of our time."
Merryday proceeded to strike Trump's claim, while giving his attorneys 28 days to amend it and refile.
Trump's attorneys indicated that they would refile the complaint in a statement to CNN.
The Trump lawsuit against the Times, which was filed just four days before Merryday's ruling, singled out "a malicious, defamatory, and disparaging book written by two of its reporters," as well as "three false, malicious, defamatory, and disparaging articles" that had been published during the 2024 election campaign.
The book in question was "Lucky Loser," written by Pulitzer Prize-winning Times reporters Russ Buettner and Susanne Craig, which did a deep examination of the president’s finances and contrasted it with what it described as his false claims of unprecedented success in business.
The three articles cited by the lawsuit included one that quotes Trump’s own former chief of staff, John Kelly, warning that he would rule “like a dictator” in his second term; a news analysis piece that described Trump as facing a well documented “lifetime of scandals”; and an article by Buettner and Craig that is an adapted excerpt from their book.
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Judge in Defamation Case Rules Against Aussie 'Hero' Accused of War Crimes in Afghanistan
"Today is a day of justice. It's a day of justice for those brave men of the SAS who stood up and told the truth about who Ben Roberts-Smith is—a war criminal, a bully, and a liar," said one of the journalists sued for defamation.
Jun 01, 2023
An Australian federal judge on Thursday ruled in favor of three newspapers sued for defamation by the country's most decorated living soldier, who the court found committed war crimes in Afghanistan, including the murder of civilians and unarmed prisoners.
Following harrowing testimony from fellow soldiers, Afghan civilians, and others, Justice Anthony Besanko of the Federal Court of Australia ruled that Fairfax Media newspapers The Age, The Sydney Morning Herald, and The Canberra Times had "established the substantial truth" that former Special Air Service Regiment [SASR] Cpl. Ben Roberts-Smith is a war criminal who murdered four unarmed prisoners in Afghanistan.
Roberts-Smith—whose multimillion-dollar defense was bankrolled by billionaire Australian media mogul Kerry Stokes—is a recipient of the Victoria Cross for Australia, the nation's highest military honor, as well as other awards including the Medal for Gallantry and Commendation for Distinguished Service. He fought in the U.S.-led wars in Afghanistan and Iraq.
"Today is a day of justice. It's a day of justice for those brave men of the SAS who stood up and told the truth about who Ben Roberts-Smith is: a war criminal, a bully, and a liar," Sydney Morning Herald and The Age journalist Nick McKenzie—a defendant in the suit—said following the ruling. "Today is a day of some small justice for the Afghan victims of Ben Roberts-Smith."
Besanko found that in 2012 Roberts-Smith marched a handcuffed civilian prisoner named Ali Jan to a cliff in the southern village of Darwan and kicked him off the edge. Jan survived but was severely injured; Roberts-Smith ordered a subordinate soldier to execute the man.
"Ali Jan was a father, Ali Jan was a husband. He has children who no longer have a father. He was a wife who no longer has a husband," McKenzie said.
While Roberts-Smith argued Jan was a suspected Taliban scout, Besanko wrote that the soldier "murdered an unarmed and defenseless Afghan civilian," that he "broke the moral and legal rules of military engagement and is therefore a criminal," and that he "disgraced his country Australia and the Australian army by his conduct as a member of the SASR in Afghanistan."
In 2009, Roberts-Smith is alleged to have pressured a newly deployed soldier to execute an elderly Afghan man found hiding in a tunnel in order to "blood the rookie," according to the court. Roberts-Smith machine-gunned the man's younger disabled companion to death and then used his prosthetic leg as a novelty beer-drinking vessel, an act the court called "callous and inhumane."
Besanko also found that Roberts-Smith bullied a fellow soldier, while finding that the papers did not prove an allegation that he punched a woman with whom he was having an affair in the face after a 2018 argument in Canberra.
University of Sydney professor David Rolph, a defamation law expert, told the Herald that the court's judgment "is a comprehensive victory for the media outlets" and "a vindication of the journalism in question."
"Defamation losses have a chilling effect for the media, particularly for serious investigative journalism," he added. "This decision should give media outlets some confidence that they can undertake public-interest journalism and prevail."
Sen. David Shoebridge (Green-New South Wales) called Besanko's ruling "an important win for fearless journalism in the public interest."
"It's a tragic fact that private media companies, not any part of the federal government, have taken on the public task of telling the truth about Australia's war record in Afghanistan," Shoebridge told the Herald. "The official silence must now end."
In 2017, the Australian Broadcasting Corporation obtained leaked documents—known as the Afghan Files—detailing SASR war crimes such as the murder of unarmed civilians including children. A subsequent parliamentary probe confirmed the commission of war crimes by Australian troops in Afghanistan between 2005 and 2016.
On Wednesday, Reuters reported Australian defense chief Gen. Angus Campbell was warned by the United States—which has a long history of war crimes in Afghanistan and other countries invaded or attacked during the open-ended War on Terror—that allegations of SAS atrocities could trigger the Leahy Law, which prohibits military assistance to countries that violate human rights with impunity.
Troops from other coalition forces—including Afghans, British, Germans, Polish, and Canadians—have committed or been complicit in atrocities during the Afghan war, as have Taliban, al-Qaeda, and Islamic State fighters.
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Jury in Civil Case Finds Trump Sexually Abused, Defamed E. Jean Carroll
One prominent trial attorney called on New York lawmakers to "extend the CRIMINAL statute of limitations for sex crimes so Trump can be criminally prosecuted for the sexual abuse that this civil jury found Trump committed."
May 09, 2023
A civil jury in New York City on Tuesday found former U.S. President Donald Trump civilly liable for sexually abusing and defaming—but not raping—journalist E. Jean Carroll and awarded her $5 million in damages.
After two weeks of testimony and just under three hours of deliberation, the six-man, three-woman jury awarded Carroll $2 million in compensatory damages and $20,000 in punitive damages for sexual battery, and $1 million in compensatory damages, $1.7 million for reputational repair, and $280,000 in punitive damages for defamation.
Carroll alleged that Trump—a 2024 Republican presidential candidate—raped her in a dressing room of the Bergdorf Goodman department store in Midtown Manhattan in 1996 and then defamed her when he denied the accusation.
In denying the assault, Trump claimed to never have met Carroll, whom he called "mentally sick" and a "whack job" who is "not my type" in "any way, shape, or form."
The Associated Press reports:
The trial revisited the lightning-rod topic of Trump's conduct toward women.
Carroll gave multiple days of frank, occasionally emotional testimony, buttressed by two friends who told jurors she reported the alleged attack to them in the moments and day afterward.
Jurors also heard from Jessica Leeds, a former stockbroker who testified that Trump abruptly groped her against her will on an airplane in the 1970s, and from Natasha Stoynoff, a writer who said Trump forcibly kissed her against her will while she was interviewing him for a 2005 article.
Carroll smiled as the verdict was read and as she walked out of the Manhattan Federal Courthouse on Tuesday.
Trump—who did not appear at the trial—wrote on his Truth social media platform: "I HAVE ABSOLUTELY NO IDEA WHO THIS WOMAN IS. THIS VERDICT IS A DISGRACE—A CONTINUATION OF THE GREATEST WITCH HUNT OF ALL TIME!"
Joe Tacopina, Trump's attorney, called the verdict "strange" and vowed to appeal.
"Obviously, [Trump is] firm in his belief, as many people are, that he cannot get a fair trial in New York City based on the jury pool, and I think one could argue that's probably an accurate assessment based on what happened today," Tacopina said during a press conference outside the courthouse.
More than two dozen women and a 13-year-old girl have accused Trump of sexual misconduct, including rape and assault.
One month before the 2016 presidential election, a 2005 recording of Trump telling "Access Hollywood" host Billy Bush that "when you're a star," women let you "do anything" to them," including "grab 'em by the pussy" surfaced.
Asked during deposition by Carroll's lawyers if he believes the premise of his "Access Hollywood" comments—that powerful men could sexually assault women with impunity—is true, Trump said: "If you look over the last million years, I guess that's been largely true. Not always, but largely true. Unfortunately or fortunately."
Trial attorney Lisa Bloom called on the New York Legislature to "extend the CRIMINAL statute of limitations for sex crimes so Trump can be criminally prosecuted for the sexual abuse that this civil jury found Trump committed."
Last May, Democratic New York Gov. Kathy Hochul signed the Adult Survivors Act, allowing survivors of sexual assault that occurred when they were older than 18 to sue their abusers—regardless of when the abuse occurred—during a one-year period.
Tuesday's verdict comes just over a month after Trump pleaded not guilty to 34 felony counts involving alleged hush money payments during the 2016 election in bids to cover up sex scandals, including $130,000 given to porn star Stormy Daniels and $30,000 payment to a former Trump Tower doorman who claimed to have a story about a child Trump had out of wedlock.
Rights defenders welcomed the jury's verdict.
"We are grateful to E. Jean Carroll for sharing her truth. We are in solidarity with her and survivors of sexual violence," UltraViolet tweeted.
"We know that sexual violence and rape culture is all around us, often perpetuated or carried out by those in positions of power. E. Jean Carroll is one of over 20 women who have come forward with stories of sexual assault by Donald Trump," the group added.
UltraViolet called on CNN to cancel a planned Trump town hall.
"When media outlets like CNN give Trump a platform, they do a disservice to all their viewers," the group wrote. "Contrary to the network's excuses, hosting a town hall with Trump isn't about hearing 'both sides.' It's a brazen ploy to seize ratings."
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Federal Judge Denies Motion to Substitute DOJ for Trump in Rape Accuser's Defamation Suit
"President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the president," a lawyer for E. Jean Carroll said.
Oct 27, 2020
A federal judge on Tuesday denied a Justice Department motion to take over President Donald Trump's legal defense in the defamation lawsuit of E. Jean Carroll, who accused the president of raping her in the 1990s.
"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 recognized these basic truths."
--E. Jean Carroll
In a highly unusual move, the DOJ had tried to intervene in the case of Carroll, a journalist who last June joined the over two dozen women who have now accused Trump of assault, molestation, or harassment. Had it been successful, the DOJ would have substituted itself as the defendant in the case, and since the federal government cannot be sued for defamation, the suit would have been effectively terminated.
However, U.S. District Judge Lewis Kaplan denied the government's motion, arguing in a 61-page ruling (pdf) that Trump "is not an 'employee of the Government,' as Congress defined that term," and that the DOJ's assertion that the defamation suit is against the United States is invalid.
"The undisputed facts demonstrate that President Trump was not acting in furtherance of any duties owed to any arguable employer when he made the statements at issue," wrote Kaplan. "His 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."
"To conclude otherwise would require the court to adopt a view that virtually everything the president does is within the public interest by virtue of his office," Kaplan asserted.
"No one even arguably directed or controlled President Trump when he commented on the plaintiff's accusation, which had nothing to do with the official business of government, that he raped her decades before he took office," Kaplan added.
Kaplan's opinion allows Carroll to proceed with her suit against the president. Roberta Kaplan, Carroll's attorney, welcomed the judge's ruling.
"The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the president," the attorney for Carroll said in a statement on Tuesday.
Carroll also celebrated the decision, saying in a statement that "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 recognized these basic truths."
Last June, Carroll claimed Trump raped her in a dressing room of a Bergdorf Goodman department store in Manhattan in 1995 or 1996. Trump responded to the accusation by denying he had ever met Carroll, and saying that she wasn't his "type."
"She is trying to sell a new book that should indicate her motivation," Trump said of his accuser. "It should be sold in the fiction section."
Carroll then sued Trump last November, arguing that his denials amounted to libel because of the damage they caused her reputation. In August a New York state court ruled the suit could proceed, which led to the DOJ's attempt to substitute itself for Trump going forward.
To date, at least 26 women have accused Trump--who infamously boasted of sexually assaulting women with impunity in a recording released a month before the 2016 election--of sexual assault or harrassment.
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Barr Slammed for Acting as 'Personal Henchman' of Trump as DOJ in Suit Filed by Rape Accuser
"By putting the DOJ to work defending him over conduct that has nothing to do with his official capacity, Trump has taken another giant step toward full-blown authoritarianism."
Sep 09, 2020
Democratic lawmakers and legal experts accused Attorney General William Barr of unethically acting as President Donald Trump's "personal henchman" after the Justice Department on Tuesday moved to take over the president's defense team in a defamation case brought by journalist and author E. Jean Carroll, who has accused Trump of raping her in the 1990s.
"Today's actions demonstrate that Trump will do everything possible to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying."
--E. Jean Carroll
In a claim that baffled and alarmed observers, Justice Department lawyers said in new court filings that the federal government's intervention in the case is justified because Trump was acting in "within the scope" of his official capacity as president when he accused Carroll of lying about the rape.
Robbie Kaplan, Carroll's attorney, called the Justice Department's argument "shocking" in a statement late Tuesday, saying it "offends me as a lawyer, and offends me even more as a citizen."
As a result of a court decision last month, Kaplan noted, "Trump was soon going to be required to produce documents, provide a DNA sample, and sit for a deposition."
"Realizing that there was no valid basis to appeal that decision in New York courts, on the very day that he would have been required to appeal, Trump instead enlisted the U.S. Department of Justice to replace his private lawyers," Kaplan continued. "Trump's effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent, and shows even more starkly how far he is willing to go to prevent the truth from coming out."
Carroll echoed her lawyer in a statement of her own on Tuesday, saying, "Today's actions demonstrate that Trump will do everything possible, including using the full powers of the federal government, to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying."
The Justice Department cited the Federal Tort Claims Act in its push to replace Trump's private defense team with government lawyers and move the defamation lawsuit, filed last November, from state to federal court.
"Though the law gives employees of the federal government immunity from most defamation lawsuits," the New York Times reported, "legal experts said it has rarely, if ever, been used before to protect a president, especially for actions taken before he entered office."
Heidi Li Feldman, professor of law at Georgetown University Law Center, wrote in a series of tweets late Tuesday that "by putting the DOJ to work defending him over conduct that has nothing to do with his official capacity, Trump has taken another giant step toward full-blown authoritarianism."
"Nothing in the official capacity of the presidency required Donald Trump to slur E. Jean Carroll. He may have thereby defamed her," Feldman added. "It is his personal responsibility to defend the suit, not the work of the U.S. government."
By converting the DoJ to a private law firm serving his unofficial legal interests, Trump again shows that he has no understanding of the office of the president in our constitutional democracy. 3/
-- Heidi Li Feldman (@HeidiLiFeldman) September 9, 2020
Rep. Pramila Jayapal (D-Wash.), co-chair of the Congressional Progressive Caucus, called the Justice Department's intervention "outrageous and outright unacceptable."
"The Justice Department should serve the people, not a president," said Jayapal. "Yet Bill Barr continues to act not as the attorney general for the American people but as the personal henchman for Donald Trump."
Correction: An earlier version of this article misstated the date of a recent court ruling in E. Jean Carroll's case.
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E. Jean Carroll Blames Trump's Attacks on Her Character for Firing From Elle Magazine
"Tell me again how sexual assault claims ruin men?"
Feb 19, 2020
Women's rights advocates came to the defense of longtime columnist E. Jean Carroll Wednesday after she revealed she was fired from Elle magazine months after coming forward with sexual assault allegations against President Donald Trump.
Carroll claimed her dismissal from her job as an advice columnist for the magazine, where she worked for more than two decades, came as the result of Trump's attacks on her following the accusation.
"Because Trump ridiculed my reputation, laughed at my looks, and dragged me through the mud, after 26 years, Elle fired me," Carroll tweeted after her firing was reported by news outlets. "I don't blame Elle... I blame Donald Trump."
Last June, Carroll wrote in a New York magazine article that the president raped her in a department store dressing room in the 1990s. Trump denied the allegation, saying he didn't know Carroll despite photographic evidence that they had met, claiming she was not his "type," and calling her a liar.
In November, Carroll filed a defamation lawsuit against Trump. Summer Zervos, a former contestant on "The Apprentice," filed a similar suit against the president in 2017 after accusing him of assaulting her.
According to the New York Times, in a court filing in December Carroll's lawyer wrote that her client had lost her job as a result of Trump's defamation. The lawyer also moved to block Trump's attempt to have the case delayed until the New York Court of Appeals determines whether a sitting president can legally be sued--a ruling that may not be handed down until after the general election in November.
If Trump is unable to delay the case, he may have to provide a DNA sample, which Carroll has sought for months to bolster her claims.
On social media, supporters of Carroll condemned Elle's decision to fire her while she is facing attacks on her character from the president.
"In the end, a magazine for women chose the man," tweeted political scientist Rachel Bitecofer.
Others accused the magazine of being on the wrong side of history and of joining the ranks of many organizations throughout history which have retaliated against sexual assault and harrassment survivors for coming forward.
"Any and every magazine claiming to be in support of women--should be standing behind E. Jean Carroll," tweeted journalist Carrie Courogen. "This is so incredibly disheartening."
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Judge Rejects Trump's 'Lame Effort' at Dismissal of E. Jean Carroll's Defamation Case
"Justice prevails yet again."
Jan 09, 2020
Author and advice columnist E. Jean Carroll celebrated Thursday after a New York judge rejected President Donald Trump's attempt to have Carroll's defamation lawsuit against him dismissed.
The case, involving statements Trump made last year after Carroll publicly accused him of raping her in the 1990s, will now move into the discovery phase.
Carroll described Trump's attempt to dismiss the suit as a "lame effort." The president had argued that he was not in New York or a resident of the state when he made the statements, and so the court did not have jurisdiction to hear the case.
Trump, state Supreme Court Justice Doris Ling-Cohan said in her ruling, provided "not even a tweet, much less an affidavit" to argue his point--a reference to the president's penchant for using Twitter to make official statements. Trump's lawyer only provided the court with a statement saying the president has lived in the White House for three years.
Supporters of Carroll joined her in applauding the decision.
"It's not easy to get your day in court, and nobody deserves one more than she, for surviving a close encounter of the worst kind with him," tweeted radio host Grant Stern.
In her memoir "What Do We Need Men For?" and in New York magazine last summer, Carroll alleged that in the 1990s, Trump threw her up against a wall in a department store dressing room and raped her.
The president responded by claiming he didn't know Carroll--despite the fact that a photo of the two of them together was readily available--and saying the columnist was "lying" and was "not his type."
Carroll's case is one of two pending defamation cases against Trump from women who have accused the president of assault. Trump has been accused of sexual harassment and assault by at least 24 women, leading some critics to argue that the credible allegations should long ago have been considered grounds for the president's impeachment.
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Columnist E. Jean Carroll, Who Accused Trump of Rape, Files Defamation Suit Against President
"No woman should have to face this."
Nov 03, 2019
Columnist E. Jean Carroll filed suit Monday against President Donald Trump for defamation.
"Decades ago, the now president of the United States raped me," Carroll said in a statement released Monday. "When I had the courage to speak out about the attack, he defamed my character, accused me of lying for personal gain, even insulted my appearance. No woman should have to face this."
Carroll detailed the alleged attack, which took place roughly two decades in a New York City department store, in her new book What Do We Need Men For?: A Modest Proposal. An excerpt of the book which included the violent encounter was published earlier this year by New York Magazine.
"When Carroll's account was published," says the suit (pdf), filed in the Manhattan Supreme Court, "Trump lashed out with a series of false and defamatory statements. He denied the rape. But there was more: he also denied ever having met Carroll or even knowing who she was Through express statements and deliberate implications he accused Carroll of lying about the rape in order to increase book sales, carry out a political agenda, advance a conspiracy with the Democratic Party, and make money. He also deliberately implied that she had falsely accused other men of rape. For good measure, he insulted her physical appearance."
"Each of these statements was false," the suit adds. "Each of theme was defamatory."
"He knew who she was when he raped her, and he knew who she was in 2019," her lawyers wrote.
The White House swiftly dismissed the new lawsuit.
"The lawsuit is frivolous and the story is a fraud--just like the author," press secretary Stephanie Grisham said in a statement to TheWrap.
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Critics Not Buying Trump's 'She's Not My Type' Dismissal of Latest Sexual Assault Accuser
"She's not my type is not 'I didn't do it."
Jun 25, 2019
"She's not my type."
That was President Donald Trump's dismissive response to just the latest accusation against him alleging a past sexual assault, this time from Elle advice columnist E. Jean Carroll. In a New York Magazine article published on June 21, Carroll described a terrifying encounter from the president in 1994 wherein the then-real estate magnate attacked Carroll and raped her.
Carroll escaped, she recounted, after three minutes.
I try to push him off with my one free hand -- for some reason, I keep holding my purse with the other -- and I finally get a knee up high enough to push him out and off and I turn, open the door, and run out of the dressing room.
Trump, asked about the assault on Monday by The Hill, denied the allegations.
"I'll say it with great respect," said Trump. "Number one, she's not my type. Number two, it never happened. It never happened, okay?"
Carroll's accusations, while serious, did not merit much coverage on the nation's weekend political shows or even The New York Times.
As HuffPost reporter Hayley Miller wrote Sunday night, "the allegation went largely undiscussed by major TV networks on Sunday morning, clearing the path for yet another sexual assault allegation against the president to slip into the void."
Miller detailed the failure of television news to handle the accusations as a major news story:
ABC, CBS, CNN, Fox and NBC--the networks that make up the "big five" of Sunday morning talk shows--boasted major political players in their lineups that included Vice President Mike Pence and 2020 Democratic presidential candidate Sen. Bernie Sanders (I-Vt.).
And yet not a single one of them was asked about Carroll's allegation that, just days earlier, had prompted front-page stories and news alerts from almost all of the major media outlets.
Reaction to the president's comments on Monday from liberals and progressives focused on what Trump's comments said--and didn't say.
"She's not my type is not 'I didn't do it,'" MSNBC analyst Zerlina Maxwell tweeted.
Daily Beast reporter Sam Stein pointed out that Trump could have denied the accusations in a number of ways that would have emphasized the president's rejection of sexual assault and mistreatment of women--but he didn't.
Actress and vocal Trump critic Zandy Hartig, meanwhile, took to Twitter to make the connection between Trump's comments and their implications more explicit.
"Defending himself by saying, 'She's not my type,' is admitting that he assaults women who ARE his type," wrote Hartig. "Like his ex-wife, for example."
In an interview with CNN's Anderson Cooper on Monday night, Carroll said that the president's response to her was par for the course.
"He's denied all 15 women who have come forward. He denies," said Carroll. "He turns it around. He threatens and he attacks."
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