Donald Trump trial could go to jury

Both sides of Donald Trump's defamation lawsuit against ABC are seeking a jury trial, recent court documents show.

The former president is suing the network, claiming that host George Stephanopoulos defamed him during an interview with Republican Rep. Nancy Mace by repeatedly claiming that Trump was responsible for the rape of E. Jean Carroll. Stephanopoulos is also named as a defendant in the suit.

The former president's team claims that Stephanopoulos' statements were made “with actual malice or reckless disregard for the truth.”

Former President Donald Trump with ABC anchor George Stephanopoulos before a 2020 town hall event in Philadelphia. Trump is now suing the ABC host over comments he made about the E. Jean Carroll sexual assault case. Former President Donald Trump with ABC anchor George Stephanopoulos before a 2020 town hall event in Philadelphia. Trump is now suing the ABC host over comments he made about the E. Jean Carroll sexual assault case. More Mandel Ngan/Getty Images

Newsweek sought comment by email Thursday from lawyers representing ABC and Trump.

In a court filing Aug. 8, attorneys for ABC and Stephanopoulos wrote that the “defendants request a jury trial on all triable issues.”

Trump's lawyers also requested a jury trial when they filed their complaint in March.

The juries have not been good to the president.

One of them was convicted of sexually assaulting Carroll and twice defaming her, awarding her $88.3 million in damages in two trials.

In May, a separate jury convicted Trump in the Stormy Daniels bribe case, for which he is awaiting sentencing. Trump denies wrongdoing and plans to appeal.

All of these cases occurred in New York.

On July 24, a Florida judge denied the defendants' request to dismiss the case.

Trump hailed the decision, signed by Chief U.S. District Judge Cecilia Altonaga for the Southern District of Florida, in a post on his Truth Social account, describing it as a “GREAT VICTORY” against “ABC FAKE NEWS” and “LIDDLE’ GEORGE SLOPADOPOLUS.”

In their latest filing, the defendants' lawyers say that Trump's “causes of action are barred” because the allegations made by Stephanopoulos “are not materially false, and are in fact substantially true.”

In May 2023, Trump was found liable for sexual assault and defamation of Carroll. The former magazine columnist, who was awarded $5 million in damages, had claimed that Trump raped her in a New York department store in the 1990s.

The jury did not rule that Trump raped Carroll. However, in August 2023, Judge Lewis Kaplan clarified that Carroll's allegations that Trump raped her were “substantially true” and that any legal distinction between rape and sexual assault was “minimal.” Carroll also won a second defamation lawsuit against Trump in January and was awarded $83.3 million in damages.

ABC News is set to host a presidential debate between Donald Trump and presumptive Democratic nominee Vice President Kamala Harris. Trump had previously agreed to participate in the September 10 debate while President Joe Biden was still in the running, but he recently began opposing ABC hosting the event, arguing that Fox News should host the event.

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