On Friday, a federal judge pulled out all the stops in a contentious defamation case involving ABC News and President-elect Donald Trump, ordering a quick series of depositions.
The United States District Court for the Southern District of Florida issued a terse, two-page order requiring star anchor George Stephanopoulos to appear in person and answer questions under oath. Notably, the judge directed the 45th and 47th presidents to do the same.
And those depositions must take place sometime next week.
The former and future president is suing after Stephanopoulos stated “more than ten times” on “This Week” in March that Trump had been found “liable for rape” in the E. Jean Carroll civil case.
The underlying lawsuit was filed just eight days after that segment, in which the anchor questioned Georgia Republican Rep. Nancy Mace about her support for Trump.
The implication was never in doubt during the broadcast: Stephanopoulos repeatedly stated that Mace is a rape victim and that Trump was found “liable for rape” by a jury.
The outcome of the Carroll lawsuit, however, is unknown.
The lawsuit claims that ABC and Stephanopoulos defamed Trump in the initial headline of an article and during the broadcast by making the claim, despite the fact that the jury verdict sheet specifically stated “no” to the rape allegation.
Senior U.S. District Judge Lewis Kaplan’s post-verdict opinion added to the confusion.
In a footnote, the judge wrote: “As the jury’s response to Question 2 was an implicit finding that Mr. Trump forcibly digitally penetrated Ms. Carroll’s vagina, no explicit independent finding by the Court is required.” Nevertheless, the Court determines that he did so.”
The judge explained that under New York law, forcible digital penetration does not constitute rape. However, he added that the “far narrower” definition clashes with “common modern parlance.”
“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape,'” according to Kaplan.
“Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”
Nonetheless, law thrives on definitional precision.
Trump’s lawsuit claims Stephanopoulos knew his statements were false because he has “vast experience as a journalist” and once “specifically” asked E. Jean Carroll why Trump “was not found liable for rape.”
The plaintiff also claimed that ABC denied a retraction request and did not apologize, only changing the headline of an article from “Nancy Mace defends her support for Trump after he was found liable for rape” to “Nancy Mace defends her support for Trump after he was found liable for sexual assault.”
For months, the parties engaged in motions practice. Last month, Chief U.S. District Judge Cecilia M. Altonaga was fed up with the situation and refused to reschedule deadlines for expert witnesses, discovery, mediation, and various pretrial motions.
The trial is scheduled to begin on April 7, 2025, and is expected to last between three and five days.
In her most recent order, the judge directed that depositions for both men “be scheduled to take place the week of December 16, 2024.”
Each deposition will be limited to four hours.
The court also ordered ABC News to submit “all remaining documents (if any) related to Plaintiff’s damages, for review by Plaintiff’s damages expert” by December 15.
Altonaga warned ABC News and Trump that she would not tolerate any further attempts to push things back from either side.
“The parties are reminded that the Court ‘has already granted a lengthy discovery period… and, with Election Day now behind us, there is no reason for any further delay,'” the order concludes, citing her own November order. “The parties shall continue to meet and confer regarding their remaining discovery disputes.”
