President-elect Donald Trump has been ordered to appear for a deposition in Florida next week as part of his defamation lawsuit against ABC News anchor George Stephanopoulos. The judge presiding over the case ruled on Friday that Trump must testify in person at a location within the Southern District of Florida, with questioning potentially lasting up to four hours. Stephanopoulos, meanwhile, has been directed to sit for his deposition during the same week, though he is allowed to appear remotely.
Background of the Lawsuit
The lawsuit stems from remarks Stephanopoulos made during a March 2024 interview with Rep. Nancy Mace (R-SC), in which the journalist stated several times that Trump had been found “liable for rape.” Trump claims these statements defamed him by misrepresenting the legal findings of two civil cases brought against him by former Elle columnist E. Jean Carroll.
In the first case, decided in May 2023, a jury found that Trump had “sexually abused” and defamed Carroll, awarding her $5 million in damages. However, the jury did not find Trump liable for rape as defined under New York penal law. In the second case, Carroll sued Trump for defamation stemming from his public denials of her allegations, resulting in a judge ruling against him and a jury awarding Carroll $83 million in damages.
Trump is currently appealing the decisions in both cases.
Claims and Counterarguments
Trump’s attorneys argue that Stephanopoulos’ repeated statements labeling Trump as “liable for rape” were knowingly false and malicious. They contend that Stephanopoulos, as an experienced journalist, would have understood the legal distinctions and intentionally mischaracterized the verdicts to damage Trump’s reputation.
“Given Stephanopoulos’ knowledge of the actual verdicts in [the Carroll cases] and his vast experience as a journalist, his repeated statements that Plaintiff was found liable for rape were false, intentional, malicious, and designed to cause harm,” Trump’s legal team stated in the complaint.
ABC News attorneys, however, maintain that Stephanopoulos’ statements align with both common understanding and legal interpretations outside of New York penal law. They argue that digital penetration, as described in the Carroll cases, meets the definition of rape in many legal contexts. They also cited the “fair report privilege,” which protects journalists reporting on court proceedings, as part of their defense.
“As Judge [Lewis] Kaplan explained, in both common parlance and many legal codes, digital penetration is ‘rape,’” the ABC News attorneys wrote.
Progression of the Case
ABC News previously sought to have the defamation lawsuit dismissed, but the judge denied their request, paving the way for a potential trial. The case now moves forward with depositions from both Trump and Stephanopoulos as central components.
Broader Context
Trump has filed numerous lawsuits against major media outlets in recent years, including CNN, The New York Times, and The Washington Post, all of which he has criticized as “fake news.” However, these lawsuits have consistently failed to meet the high bar for proving defamation, particularly the requirement to demonstrate that statements were made with “actual malice.”
The outcome of this case remains uncertain, as both sides prepare for what could be a contentious legal battle over the boundaries of journalistic privilege and defamation law.
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