Judge Sabotages Trump Again

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(TheRedWire.com) – A federal judge rejected former President Trump’s motion to have the civil sexual lawsuit brought forth by journalist and author E. Jean Carroll dismissed. Following New York’s Adult Survivors Act (ASA) which provided a one-year window in which victims of sexual misconduct could bring forth cases that have passed the statute of limitations, Carroll filed a lawsuit in November against Trump.

This is not the first legal case between Carroll and Trump who has previously filed a defamation lawsuit after Trump claimed that he never raped her and that he did not find her physical appearance pleasing.

Trump’s legal team has argued that ASA as a law is in violation of the state constitution’s due process provision and therefore the case should be dismissed as the law is unconstitutional. In regards to the defamation case, they have also said that it should be dismissed as it lacks the necessary standard for relief.

However, despite their attempts, U.S. District Judge Lewis Kaplan ruled that the law is constitutional. This was further proven by citing a New York Court of Appeals ruling in which it can be measured whether or not the statute is constitutional.

Kaplan further added that ASA is a reasonable measure under that ruling as the New York legislature has a recognized “culture of silence” and simultaneously allows for a shorter timeframe in which civil actions can be brought forth in cases of sexual misconduct. As ASA provides a one-year window the act is reasonable for those who want to file civil claims.

He added that Trump’s lawyers were incorrect in saying that the act did not “sufficiently articulate the injustice” it was trying to correct. Adding that all those who had previously been denied the chance to file against their abusers due to the “insufficient statutes of limitations” should be given the chance to do so.

 

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