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Why ABC News' settlement with Trump is complicated – Mother Jones

Why ABC News' settlement with Trump is complicated – Mother Jones

 


ABC anchor George Stephanopoulos' comments were at the center of a defamation lawsuit filed by Trump against the network.SMG/ZUMA

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ABC News will pay $15 million to settle a defamation lawsuit filed by President-elect Donald Trump against the network, centered on anchor George Stephanopoulos' incorrect comments about the civil lawsuit filed against Trump by writer E. Jean Carroll.

The details of the deal are concerning to anyone who cares about press freedom in the incoming Trump administration. And, in particular, it once again shows how New York State's definition of “rape,” which has since been changed, has allowed Trump to escape criticism for sexual assault allegations.

The lawsuit centered on a March 10 interview Stephanopoulos conducted on the network's Sunday morning show, “This Week,” with Rep. Nancy Mace (R-S.C.). In that interview, Stephanopoulos confronted Mace, who said she was a rape survivor, about her support for Trump, incorrectly noting that “judges and two separate juries found him responsible for rape and having defamed the victim of this rape.”

Stephanopoulos was referring to the lawsuit filed by E. Jean Carroll, who claimed Trump raped her in 1996 in the dressing room of a New York department store; as my colleague Russ Choma reported, although the jury found that Carroll's lawyers had not proven the rape allegation, they agreed that Trump had sexually assaulted and defamed her, and decided that Trump had to pay Carroll $5 million.

However, it's even more complicated than that. As my former colleague Katie Herchenroeder reported, the judge in Carroll's case went to great lengths to clarify that although Trump was not found responsible for “rape” under New York's strict definition, vaginal penetration by a penis, his alleged actions of forced penetration with his fingers meet the definition of what many people generally mean by “rape”.

As Katie wrote:

That the jurors did not find that Carroll had proven the rape, [Judge Lewis] Kaplan explained that this does not mean she failed to prove that Mr. Trump raped her, because many people generally understand the word rape. Indeed, he continued, as the evidence presented at trial below makes clear, the jury concluded that that is exactly what Mr. Trump did.

Federally, rape is defined as penetration, however slight, of the vagina or anus with any part of the body or object, or oral penetration by a sexual organ of another person, without the consent of the victim. This broader explanation, although still dependent on penetration, would include assaults using fingers.

Lawyers for ABC and Stephanopoulos referred to this context from the judge's statements in their unsuccessful motion to dismiss the lawsuit they filed earlier this year, according to court records.

As Katie wrote, New York eventually passed a law that expanded the law to include nonconsensual anal, oral, and vaginal sexual contact. When she signed the bill, Gov. Kathy Hochul (D-N.Y.) recognized Carroll “for her courageous efforts to ensure justice was served.”

As part of the settlement, ABC will pay $15 million to Trump's presidential library, which currently only exists online, plus an additional $1 million in Trump's attorney fees, according to court records. The network also added a note to the online article regarding the interview, noting that ABC and Stephanopoulos “regret” the comments.

Mace, who accused Stephanopoulos of “shaming” him in the initial interview, celebrated the decision on Saturday, writing in an article on your free trial of bashing has just expired. » In another article, she wrote: “2025 will be the year of [mainstream media] apologies.”

Media scholars and pundits have been sounding the alarm over the capitulation of journalists and media companies to Trump, who said last month that he would accept someone shooting a crowd of journalists before his second term.

And they have good reason to worry: While Trump has said he now believes a free press is “vital,” there are fears that he and his acolytes may resort to baseless lawsuits to attack to journalists whose coverage is unfavorable to him, especially after Senator Tom. Cotton (R-Ark.) this week blocked a federal shield bill that, if passed, would protect journalists from being forced to reveal their confidential sources.

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