Former President Donald Trump's decision to sue ABC News for defamation on Monday over host George Stephanopoulos' comments regarding E. Jean Carroll could backfire, according to lawyer George Conway.
Trump, the presumptive GOP presidential nominee, was ordered in January to pay $83.3 million to Carroll, a former Elle columnist, for damaging her reputation after she accused him of sexually assaulting her in the 1990s. A separate jury last year awarded Carroll $5 million from Trump for sexual abuse and defamation in a civil trial. Trump has denied any wrongdoing vowed to appeal.
In an ABC News interview last week with Stephanopoulos and Republican Representative Nancy Mace of South Carolina, the two discussed Carroll's civil defamation trial. The interview became contentious when Stephanopoulos asked Mace, who is a rape survivor, about her endorsement of Trump for president considering the case against him.
"You've endorsed Donald Trump for president. Donald Trump has been found liable for rape by a jury. Donald Trump has been found liable for defaming the victim of that rape by a jury. It's been affirmed by a judge," Stephanopoulos said to Mace.
While the jury found the former president liable for sexual abuse, they did not find him liable for rape. Judge Lewis Kaplan, who presided over the case, later clarified that because of New York's narrow legal definition of "rape," the jury's finding did not mean that Carroll "failed to prove that Mr. Trump 'raped' her, as many people commonly understand the word 'rape.'"
On Monday, Trump filed a lawsuit against ABC News and Stephanopoulos, accusing them of defaming him while questioning Mace.
"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 Defendant Stephanopoulos knows that these statements are patently and demonstrably false," Trump's attorneys said.
The lawsuit was filed in federal court in the Southern District of Florida.
Newsweek has reached out to Trump's spokesperson and ABC News via email for comment.
Conway, a vocal Trump critic, took to X, formerly Twitter, to share his thoughts on the lawsuit, adding that the move could backfire on Trump by bringing more attention to the Carroll case.
"By bringing this lawsuit, Trump will only bring more public attention to what he did to Carroll. And he and his lawyers may very well be—in fact, ought to be—sanctioned," Conway wrote on X.
Former federal prosecutor and elected state attorney Michael McAuliffe previously told Newsweek amid Trump's continued comments about Carroll following the judgment that "Donald Trump's inability to leave a subject or person alone who has bested him is the likely manner of his own self-destruction. That's becoming apparent to everyone except Trump."
Another lawyer, Andrew Fleischman, wrote on X: "Hot damn is this an ill-advised lawsuit."
Georgetown law professor Randy Barnett wrote: "Seems like actual malice."
Trump posted a $91.6 million bond last week and is appealing what Carroll was awarded in January.
"I just posted a $91 million bond on a fake story. Totally made-up story," Trump said Sunday. "Based on false accusations made about me by a woman that I knew nothing about, didn't know, never heard of it. I know nothing about her."
The lawsuit comes after Carroll wrote on X last week following the interview: "Thank you, @GStephanopoulos for valiantly defending me. I wish Representative @RepNancyMace well. And I salute all survivors for their strength, endurance, and holding on to their sanity."
This is not the first time Trump has filed a defamation suit against a major media organization, but they have all been unsuccessful as federal judges dismissed his suits against CNN, The New York Times and The Washington Post.
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Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more