Trump's Defamation Countersuit Against E. Jean Carroll: A Risky Move

Former President Donald Trump has countersued writer E. Jean Carroll, who successfully sued him for defamation last month. Trump is seeking damages from Carroll for defaming him by claiming he "raped" her, even though the jury found him liable for "sexual assault" but not "rape." While there are deficiencies in Trump's counterclaim, the fact that Carroll accused him of a crime could be considered "defamation per se." Although Carroll's statements about rape would typically be protected by the "actual malice" standard, the jury's verdict in the first trial could potentially give Trump leverage in negotiations and in the minds of the jury in the second trial.