A federal judge on Wednesday rejected ABC News host George Stephanopoulos’ attempt to dismiss a defamation lawsuit brought against him by President Trump.
U.S. District Judge Cecilia M. Altonaga ruled that the defamation case against Stephanopoulos could proceed. The lawsuit alleges that Stephanopoulos misrepresented a jury's verdict in a defamation case involving Trump and former columnist E. Jean Carroll.
“Defendants have not met their burden of proving the fair report privilege applies,” wrote Altonaga, an appointee of former President George W. Bush, in her 21-page order. “Any remaining questions as to the reasonableness of Stephanopoulos’ statements are not for resolution on a motion to dismiss.”
The lawsuit centers on comments Stephanopoulos made during a March 10, 2024, interview with Rep. Nancy Mace (R-SC) on “This Week.” Stephanopoulos repeatedly claimed Trump had been “found liable for rape” in the Carroll case. Trump contends this statement was defamatory because the jury did not specifically find him liable for rape.
The context of the case involves two related trials, Carroll I and Carroll II, overseen by Judge Lewis A. Kaplan in the Southern District of New York. In Carroll II, the jury found Trump liable for sexually abusing Carroll but did not convict him of rape under New York Penal Law. However, Kaplan's characterization of the jury's finding equated it with common understanding of rape, creating public ambiguity.
Trump praised the decision on Truth Social, writing:
“BIG WIN TODAY IN HIGH FLORIDA COURT AGAINST ABC FAKE NEWS, AND LIDDLE’ GEORGE SLOPADOPOLUS.” He added, “A POWERFUL CASE! BEFORE YOU KNOW IT, THE FAKE NEWS MEDIA WILL BE FORCED BY THE COURTS TO START TELLING THE TRUTH. THIS IS A GREAT DAY FOR OUR COUNTRY. MAGA2024.”
ABC News and Stephanopoulos defended their statements as substantially true and protected under the fair report privilege, which shields journalists from some legal liability for “accurately” reporting official proceedings. They argued that Kaplan’s interpretation justified their description of the jury’s findings.
But Altonaga ruled these arguments could not be resolved at this stage. She noted that while Kaplan had equated the jury’s findings with a common understanding of rape, the jury’s explicit verdict did not support the specific language used by Stephanopoulos. This discrepancy, she concluded, required further examination by a jury.
The defense also claimed that Kaplan’s rulings in Carroll I and II should prevent Trump’s current defamation claims. Altonaga disagreed, stating the context and statements in the present case were distinct enough to allow Trump’s lawsuit to proceed.
The fair report privilege was also cited by the defense, but Altonaga noted it does not apply when reporting is misleading or lacks essential context. Given the potential for Stephanopoulos’s statements to mislead viewers about the jury’s actual findings, she determined this defense could not be decided at this stage.
The case will now move forward, allowing both parties to present their evidence and detailed arguments.
