Politics

Writer Jean Carroll sues President Trump; says he defamed her over sexual assault claim

Writer Jean Carroll sues President Trump
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USA – Veteran magazine columnist E. Jean Carroll on Monday, November 4th sued President Donald Trump for defamation over what she says were his lies denying her public accusation in June that he sexually assaulted her in the 1990s.

The lawsuit, which includes a detailed account of the incident in which Trump allegedly raped Carroll in a dressing room at luxury Manhattan department store Bergdorf Goodman, was filed in New York state Supreme Court.

After Carroll went public with her account earlier this year, initially through a book excerpt in New York magazine, Trump denied the incident had occurred, calling it “totally false” and that he “never met this person”.

White House press secretary Stephanie Grisham suggested Carroll herself was lying. “Let me get this straight Ms. Carroll is suing the President for defending himself against false allegations? I guess since the book did not make any money she’s trying to get paid another way. The story she used to try and sell her trash book never happened, period”. she said. 

Carroll claims that her column depends on reader letters soliciting her advice, and that during July, August and September, she received roughly 50% fewer letters than she did during the same period in 2018. Carroll’s lawsuit asks Trump to “retract any and all defamatory statements” and pay damages in an amount to be

You can read the lawsuit below:

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK E. JEAN CARROLL,  Plaintiff  , Index No. _____________ -against- COMPLAINT AND JURY DEMAND DONALD J. TRUMP, in his personal capacity,  Defendant  . Plaintiff E. Jean Carroll (“Plaintiff” or “Carroll”), by and through her attorneys at Kaplan Hecker & Fink LLP, alleges as follows: INTRODUCTION 1.    Nobody in this nation is above the law. Nobody is entitled to conceal acts of sexual assault behind a wall of defamatory falsehoods and deflections. The rape of a woman is a violent crime; compounding that crime with acts of malicious libel is abhorrent. Yet that is what Defendant Donald J. Trump did to Plaintiff E. Jean Carroll. 2.   Roughly 23 years ago, playful banter at the luxury department store Bergdorf Goodman on Fifth Avenue in New York City took a dark turn when Trump seized Carroll, forced her up against a dressing room wall, pinned her in place with his shoulder, and raped her. 3.   In the aftermath, Carroll confided in two close friends. One urged her to report the crime to the police, but the other warned that Trump would ruin her life and livelihood if she reported it. 4.   Carroll chose silence—and remained silent for over two decades. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 1 of 28

2 5.   Carroll knew then that sexual assault was pervasive. She also knew that men have  been assaulting women and getting away with it since before she was born. And she knew that while a woman who accused any  man of rape was rarely believed, a woman who accused a rich, famous, violent man of rape would probably lose everything. She therefore reasonably concluded that if she accused Donald Trump of rape he would bury her in threats and lawsuits, and she would  probably lose her reputation, not to mention everything she had worked for and achieved. 6.    Near the end of the 2016 presidential election, Carroll watched in horror as numerous women offered highly credible (and painfully familiar) accounts of Trump assaulting them; Trump responded with insults and denials; the public fractured; and Trump not only won the election, but grew more  popular with some supporters as a result of the controversy. 7.   Carroll’s mother, a respected Republican official in Indiana, was dying during the last six weeks of the presidential election. Carroll, wanting to make her mother’s last days as  pleasant as possible and avoid causing her any pain, decided to remain silent about what Trump had done to her. 8.   But that all changed in late 2017, when the Harvey Weinstein scandal and its aftermath signaled a profound shift in how American society responds to accusations of sexual misconduct by powerful men. It suddenly seemed possible that even Trump could be held to account. 9.   For Carroll, that project grew more urgent—and more personal—as the #MeToo era prompted a flood of new letters to her advice column seeking her counsel about how to respond to sexual assault and abuse. In her column, Carroll encourages her readers to be brave, to think clearly, and to seek justice. When readers overcome with the doubt and anxiety have turned to her seeking advice, Carroll has always advised taking action. But she never confessed her own CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 2 of 28

3 experiences. She never revealed that she, too, had been a victim of sexual assault. Over time, as described below, the contradiction between Carroll’s words and her actions became increasingly untenable. 10.   Carroll is a journalist. She watched as a throng of women came forward and accused Trump of sexual assault, only to be denigrated and then brushed aside. When she felt she should finally come forward herself, Carroll wanted to do it differently. She decided to describe Trump’s rape in a book she had already begun to write about her experiences with various men. She did not want to tell her story to the police, a newspaper, an elected official, or a fellow journalist, and be treated as a “victim.” In other words, she wanted to tell her own story on her own terms. 11.   When Carroll’s account was published, Trump lashed out with a series of false and defamatory statements. He denied the rape. But there was more: he also denied ever having met Carroll or even knowing who she was. Through express statements and deliberate implications, he accused Carroll of lying about the rape in order to increase book sales, carry out a political agenda, advance a conspiracy with the Democratic Party, and make money. He also deliberately implied that she had falsely accused other men of rape. For good measure, he insulted her physical appearance. 12.   Each of these statements was false. Each of them was defamatory. 13.   Trump knew that these statements were false; at a bare minimum, he acted with reckless disregard for their truth or falsity. Trump had recognized Carroll on sight at Bergdorf Goodman. He knew who she was when he raped her, and he knew who she was in 2019. He certainly knew that she was telling the truth. After he lied about attacking her, he surrounded that central lie with a swarm of related lies in an effort to explain why she would invent an accusation of rape. To do so, he smeared her integrity, honesty, and dignity—all in the national press. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 3 of 28    

4 14.   These lies were familiar to Trump. He had used them before, when other women stated that he had grabbed, groped, or raped them. 15.   Trump’s defamatory statements injured Carroll. They inflicted emotional pain and suffering, they damaged her reputation, and they caused substantial professional harm. 16.   Carroll filed this lawsuit to obtain redress for those injuries and to demonstrate that even a man as powerful as Trump can be held accountable under the law. THE PARTIES 17.   Plaintiff E. Jean Carroll is a journalist, author, former writer for Saturday Night Live, and advice columnist for  Elle magazine. She is a resident of the State of New York. 18.   Defendant Donald J. Trump is currently the President of the United States, although he is sued here only in his personal capacity. Since taking office, Trump has filed several lawsuits in his personal capacity, including Trump v. Vance, Jr. et al. , No. 19 Civ. 8694 (S.D.N.Y.), Trump et al. v. Deutsche Bank AG et al. , No. 19 Civ. 3826 (S.D.N.Y.),  Donald J. Trump for President,  Inc. et al. v. Padilla et al. , No. 19 Civ. 1501 (E.D. Cal.), Trump v. Committee on Ways and Means of the U.S. House of Representatives et al. , No. 19 Civ. 2173 (D.D.C.), and Trump et al. v. Committee on Oversight and Reform of the U.S. House of Representatives et al. , No. 19 Civ. 1136 (D.D.C.). Trump is also defending a related case pending in this Court. See Zervos v. Trump , No. 150522/2017 (N.Y. Sup. Ct., N.Y. Cty.). Trump is a resident of the State of New York. JURY DEMAND 19.   Plaintiff E. Jean Carroll hereby demands a trial by jury. JURISDICTION & VENUE 20.   This Court has jurisdiction pursuant to NY CPLR § 301. 21.   Venue is proper in this county pursuant to NY CPLR § 503 and § 509. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 4 of 28

5 FACTUAL ALLEGATIONS I.   TRUMP RAPES CARROLL AT BERGDORF GOODMAN 22.   One evening between the fall of 1995 and the spring of 1996, Carroll left work and went to Bergdorf Goodman, the luxury department store on Fifth Avenue in New York City. She was and remains a regular shopper at Bergdorf’s. 23.   That evening, Carroll did not find whatever she was looking for and prepared to leave Bergdorf’s empty-handed. As she exited through Bergdorf’s revolving side door on 58th Street, Trump arrived and entered through that very same door, which was cater-cornered across from the Plaza Hotel. 24.   Trump instantly recognized Carroll on sight. They had met at least once before and had long traveled in the same New York City media circles. In this period, Carroll was doing the daily  Ask E. Jean  TV show, a small hit on the “America’s Talking” network started by Roger Ailes. She was also on a frequent guest and commentator on the widely watched Today  show. 25.   Trump put up his hand to stop her from exiting and said, “Hey, you’re that advice lady!” Carroll, struck by his boyish good looks, responded by saying, “Hey, you’re that real estate tycoon!” 26.   Trump said that he was at Bergdorf’s to buy a present for “a girl” and asked Carroll to come advise him. Carroll was surprised but thrilled that Trump would want her advice. She stuck around, imagining the funny stories that she might later recount. 27.   Trump and Carroll began searching for a gift that Trump could give to the unnamed girl. As they stood just inside the door, Carroll pointed to the handbags. Trump made a face; he did not like that idea. Carroll instead suggested a hat. Trump walked over, going straight for a fur hat, prompting Carroll to object that no woman would wear a dead animal on her head. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 5 of 28

6 28.   As Trump cuddled the fur hat, Carroll asked how old “the girl” was. Trump did not answer, instead asking Carroll how old she was. When Carroll replied that she was fifty-two years old, he taunted her, “You’re so old  !” 29.   Trump then had an idea: He would buy lingerie instead. 30.   Trump and Carroll rode up the escalator to the lingerie department. When they arrived, it was uncharacteristically empty, with no sales attendant in sight. Sitting on the counter near them were two or three boxes and a see-through bodysuit in lilac gray. 31.   Snatching the bodysuit, Trump insisted that Carroll try it on. Bemused, Carroll responded that he  should try it on himself, adding that it was his color. Trump and Carroll went  back and forth, teasing each other about who should try on the bodysuit. 32.   Suddenly, Trump grabbed Carroll’s arm and said, “Let’s put this on.” 33.   Trump maneuvered Carroll to the dressing room. As they moved, Carroll laughed, thinking to herself that she would make him put the bodysuit on over his pants. 34.   Strangely for Bergdorf’s, the dressing room door was open and unlocked. 35.   Trump closed the door of the dressing room. 36.   Immediately, Trump lunged at Carroll, pushing her against the wall, bumping her head quite badly, and putting his mouth on her lips. 37.   Carroll shoved him back. Utterly shocked by Trump’s unexpected attack, Carroll  burst out in awkward laughter. She could hardly process the insanity of the situation. She also hoped, at least at first, that laughter would bruise his ego and cause him to retreat. 38.  But Trump did not stop. He seized both of her arms and pushed her up against the wall again, bumping her head a second time. While pinning Carroll against the wall with his shoulder, Trump jammed his hand under her coatdress and pulled down her tights. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 6 of 28    

7 39.   Trump opened his overcoat and unzipped his pants. Trump then pushed his fingers around Carroll’s genitals and forced his penis inside of her. 40.   Carroll resisted, struggling to break free. She tried to stomp his foot with her high heels. She tried to push him away with her one free hand (as she kept holding her purse with the other). Finally, she raised a knee up high enough to push him out and off her. 41.   Carroll ran out of the dressing room, out of Bergdorf’s, and onto Fifth Avenue. 42.   The whole attack lasted two to three minutes. II.   CARROLL CONFIDES IN TWO FRIENDS ABOUT THE RAPE 43.   As soon as she was outside Bergdorf’s, Carroll pulled her phone out of her purse and called her friend Lisa Birnbach, the author, journalist, and correspondent on TV morning shows. 1  Carroll was breathless and still reeling from the assault. She kept laughing, manically— her way of coping with the stress and trauma that she had just experienced. 44.   Carroll recounted to Birnbach how Trump had attacked her in Bergdorf’s dressing room. She told Birnbach how Trump had pulled down her tights and put his penis inside of her. 45.   “He raped you,” Birnbach kept repeating. She begged Carroll to go to the police and offered to accompany her. Still in shock and reluctant to think of herself as a rape victim, Carroll did not want to speak to the police. She told Birnbach that it was just a few minutes of her life and that it was over. She implored Birnbach never to tell anyone what had happened. 46.   Carroll drove home and crawled straight into bed. 47.   Over the next few days, Carroll confided in a second friend, the New York City  journalist and news anchor Carol Martin. They sat together in the kitchen as Carroll described the 1  Birnbach wrote a story about Trump’s Mar-a-Lago that was published in February 1996. See Lisa Birnbach,  Mi Casa Es Su Casa , N EW Y ORK   (Feb. 12, 1996).   Birnbach has suggested that it was because of her work on that article that Carroll called her immediately after the assault. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 7 of 28

8 rape. This time, Carroll did not laugh. Nobody laughed. The gravity of the assault had finally started to sink in. 48.   Martin solemnly advised Carroll to tell no one. Recognizing that Trump was a  powerful man, Martin feared that if her friend came forward, disaster would ensue. Martin warned Carroll, in sum and substance: “Tell no one. Forget it! He has two hundred lawyers. He’ll bury you.” 49.   Carroll took Martin’s advice. She knew how brutal and dangerous Trump could be. 50.   Carroll was also afraid of being dragged through the mud if she reported the rape. She was convinced that nobody would believe her if she came forward. And like so many other survivors of sexual assault, Carroll also blamed herself. She called herself “stupid.” She told herself that she “deserved it” for agreeing to go lingerie shopping with Trump. She struggled with the guilt that, somehow, though she had fought to protect herself from his attack, it was her fault that Trump had raped her because she had entered that Bergdorf dressing room. 51.   Fundamentally, Carroll was raised to believe that strong women get by in the world with a stiff upper lip—  i.e. , by putting hardship and suffering behind them. She believed that strong women laugh at disasters because feeling sad only doubles the burden. To Carroll, laughter is how women have dealt with calamity for thousands of years. So Carroll put her chin up and tried to move on. 52.   Carroll thus chose silence. 53.   Carroll did not mention the rape again for over twenty years. She did not want to  be seen—or to see herself—as a victim of sexual assault. 54.   Carroll has not had sex with anyone since that day when Trump raped her. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 8 of 28 9 III.   CARROLL REMAINS SILENT FOR TWENTY YEARS 55.   For the next twenty years, Carroll pursued her career as a writer and advice columnist. Over time, she built a loyal audience and enjoyed the support of her publisher. Her  Ask  E. Jean  advice column in  Elle magazine became the longest, still-active advice column in American publishing. Its success resulted in large part from the many letters sent to her by readers. 56.   Carroll’s column in  Elle  was about life and love. Readers’ questions ranged from the lighthearted to the deeply personal. From time to time, readers would ask questions about whether behavior that they experienced at work, at church, and in their relationships was appropriate. When Carroll detected sexism or abuse, she did her level best to call it out and to help women protect themselves. 57.   One reader, for example, despaired in 1994, “My boss is always rubbing up against me . . . . He scares me because he’s very powerful and could ruin me.” Carroll responded: “Darling, if the old snake has done so much to help your career, why are you still an assistant? Sex harassers are filthy yellow sneaking cowards and must be won over, or crushed . . . . If all else fails, next time the old waterhead touches you, give him a knee in the groin. You’ve got nowhere to go but up.” 2  58.   Another reader had been raped when thirteen years old and sought advice from Carroll because her rapist had just been hired as a co-worker. Carroll responded: “[T]he gentleness of your [letter] speaks strongly for your forgiving nature; however, it makes my duty very difficult. Because now I must harden your soul. I must twist a little bit of steel—I’d try a big block of metal 2    Reprinted in  E.   J EAN C ARROLL , A   D OG IN H EAT I S A H OT D OG AND O THER R  ULES TO L IVE B Y  28-29 (1996). CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 9 of 28

10 if I could—around your backbone, and persuade you to report your friend to the police.” 3  Carroll added: “First, call your rape crisis center and speak with a counselor. Second, join a group of rape survivors—with their hardy support, you’ll start constructing a world for  yourself   and leave the world the rapist built for you. And, third, find another job at once. (Do not   tell your employer about the rape. Do not   inform the rapist of these steps. Stay cool. He’s dangerous.)” 4  59.   In her advice columns, Carroll sought to offer witty, wise, and worldly guidance, and to address her readers in a clear, straightforward manner. She often urged readers to speak the truth and to recognize patterns of rationalization and abuse. Readers’ perception of Carroll as honest, thoughtful, frank, and well-meaning were essential to Carroll’s professional success. 60.   But in responding to her readers, Carroll did not confess her own life experiences, including the sexual assault by Trump described above. 61.   During the last month of the election of 2016, Carroll watched a multitude of women reveal that Trump had engaged in sexual misconduct. She saw Trump brutally attacking his accusers on a national stage—denying their accusations, while also savaging their reputations and insulting their appearance. 62.   And as Carroll sat at the bedside of her dying mother in a Bloomington, Indiana hospital, watching numerous, credible women stun the nation with their stories of Trump’s sexual  brutality, Carroll briefly considered whether she, too, should reveal that Trump had raped her. But she feared—just as she had for decades—that Trump would lie his way out of it, while destroying her life and reputation. He had done it before to plenty of women and, it seemed to Carroll, he would readily do it again. And, worst of all, coming forward with her story would also cause a 3    Id.  at 141-42. 4    Id.  at 142. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 10 of 28

11 media storm in Indiana and destroy her mother’s last happy days on the planet. Carroll feared that it would cost her and her family dearly without actually changing anything, especially since any accusation made during the presidential campaign would be characterized by Trump and his allies as a stunt to thwart his election. 63.   Indeed, Carroll worried that she might make Trump more  popular in states like Indiana by revealing the rape, since his electoral fortunes had steadily improved despite credible allegations of sexual abuse. To Carroll, it appeared that some of Trump’s political supporters actually admired the fact that Trump was rich enough, macho enough, and powerful enough to be sued by—and to pay off—all these women he had groped and penetrated (especially porn stars and  Playboy  models). 64.   Carroll, in honor of her mother’s remarkable life, many years of which were spent as a local and loyal Republican elected official, and because she thought the publicity would help Trump win the election, warily persisted in her decades-old silence. 65.   Carroll’s mother died on October 11, 2016. In 2017, Carroll decided to write a book drawing on her observations as an advice columnist, but focusing specifically on her own life and trying to understand why so many  Ask E. Jean  letter-writers complained about men. On the morning of October 5, 2017, Carroll set out on a road trip, traveling to towns named after women. When she arrived in each town named after a woman (Angelica, New York, Tallulah, Louisiana, Marianna, Arkansas, and so forth), she spoke to women from all walks of life about their relationships with men. She asked many of her subjects about the roles that men play in their lives. IV.   CARROLL DECIDES TO SPEAK OUT 66.   On the very day Carroll began her road trip for her book, October 5, 2017, the  New York Times  revealed that Harvey Weinstein had sexually assaulted and harassed dozens of women CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 11 of 28 12 in the film industry. 5  The news went off in Carroll’s mind like a bomb. She could not stop reading. Painful memories of abuse at the hands of men, including Trump, swept over her. 67.   Days later, several women accused Weinstein of rape. 6  It soon became clear to Carroll, and to the American people, that Weinstein’s abuses had been enabled for decades by a loose network of loyalists and lawyers, who had ensured that Weinstein evaded accountability for his exploitation of women—even though it was an open secret in Hollywood. 68.   As the Weinstein scandal persisted, Carroll saw society respond to the accusations with a seriousness and depth of self-reflection that she had never seen before; all too often, and as recently as the 2016 election, many Americans had brushed aside or marginalized accusations of sexual misconduct by powerful men. Carroll also saw other women suddenly feel emboldened to come forward with their own reports of harassment, exploitation, abuse, violence, and rape. 69.   Carroll was moved by this experience. The walls that she had erected in her mind— the fear that Trump would emerge unscathed, the wariness of allowing him and his allies to come after her, the doubt that speaking up would actually matter, and the nagging anxiety that she was somehow to blame for being raped—began to crumble. Decades of deflection, diversion, and denial dissolved, resurfacing memories and feelings that she had hidden away. 70.   Carroll was struck by the fact that Weinstein, for all his wealth and power, could still be held accountable for his sexual misconduct. She saw how women had at last changed the  public conversation by saying “Me Too” and by demanding accountability. 5  Jodi Kantor & Megan Twohey,  Harvey Weinstein Paid Off Sexual Harassment Accusers  for Decades , N.Y.   T IMES  (Oct. 5, 2017). 6  Ronan Farrow,  From Aggressive Overtures to Sexual Assault: Harvey Weinstein’s  Accusers Tell Their Stories , N EW Y ORKER   (Oct. 10, 2017). CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 12 of 28

13 71.   These observations lead Carroll to reflect again on her column in  Elle  magazine, and to ask whether she was a hypocrite. For decades, she had paired her trademarked wit with steely resolve in confronting the everyday unfairness—and, all too often, the abuse—that her (largely female) readers confessed. Carroll’s written persona was brave. But she  still   had not confessed her own experiences of abuse, her fear of coming forward, or her creeping self-doubt. 72.   These internal reflections loomed larger in her mind—and became inescapable— as more readers of Carroll’s advice column began asking, “Should I come forward with my account of surviving sexual abuse or harassment?” 73.   Carroll finally decided that she owed her readers the truth. She also owed them (and many other women) solidarity in their efforts to bring justice and accountability to powerful men who had engaged in sexual assault and gotten away with it. She knew that it would be painful to speak up. But she also knew that it was the right thing to do so. 74.   While Carroll was on the road trip across the country talking to women as research for her book, she started a list of the 21 most hideous men she had ever encountered—men who had, each in his own way, left indelible and ugly marks on her story. This list grew into a book, What Do We Need Men For?: A Modest Proposal  . In that book, Carroll interspersed the stories of women she had met while traveling the country with the men on her “Most Hideous List.” 75.   Two men on the Most Hideous List haunted Carroll the most. The first was Cam Parks, the Waterfront Director at her Girl Scout camp, a man who sexually abused her every day during a two-week period when she was twelve. The second was Donald Trump, the man who raped her when she was 52. Carroll described that attack in detail. 76.   Carroll knew a book was the right place for her to come forward about Trump’s assault. Writing is Carroll’s lifeblood; she writes to process the world around her and to reveal her CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 13 of 28 14 inner self. It’s her normal way of living: she writes about what happens to her, often in a confessional, idiosyncratic manner. She also believed that a book would allow her to control her narrative and speak directly to her readers. This was important. Carroll did not want to be, or to act like, a victim. She wanted to tell her story on her terms, rather than as filtered through  journalists or social media. Her language was specific. 77.   In her book, Carroll truthfully described, in meticulous detail, the rape in Bergdorf Goodman: “The next moment, still wearing correct business attire, shirt, tie, suit jacket, overcoat, he opens the overcoat, unzips his pants, and, forcing his fingers around my private area, then thrusts his penis halfway—or completely—I’m not certain— inside me.” 7  78.   She also explained why she had not come forward earlier: “Receiving death threats, being driven from my home, being dismissed, being dragged through the mud, and joining the sixteen women who’ve come forward with credible stories about how the man grabbed, badgered, belittled, mauled, molested, and assaulted them, only to see the man turn it around, deny, threaten, and attack them, never sounded like much fun. Also, I’m a coward.” 8  79.   At noon on June 21, 2019,  New York magazine published Carroll’s account of the rape on NYMag.com as an excerpt of her forthcoming book. The excerpt first appeared on The Cut, a vertical on NYMag.com. The excerpt appeared on newsstands three days later in the June 24-July 7 print edition. 80.   Carroll’s book was released by St. Martin’s Press on July 2, 2019. 7  E.   J EAN C ARROLL , W HAT D O W E  N EED M EN F OR  ?:   A   M ODEST P ROPOSAL  248 (2019). 8    Id.  at 244.   CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 14 of 28

15 V.   TRUMP REPEATEDLY DENIES RAPING CARROLL AND MAKES A SLEW OF FALSE, INSULTING STATEMENTS ABOUT HER 81.   In three statements—published on June 21, 22, and 24 respectively—Trump responded to Carroll by publicly, falsely, and maliciously smearing her reputation. 82.   On June 21, 2019, Trump issued the following public statement: “Regarding the ‘story’ by E. Jean Carroll, claiming she once encountered me at Bergdorf Goodman 23 years ago. I’ve never met this person in my life. She is trying to sell a new book—that should indicate her motivation. It should be sold in the fiction section. Shame on those who make up false stories of assault to try to get publicity for themselves, or sell a book, or carry out a political agenda—like Julie Swetnick who falsely accused Justice Brett Kavanaugh. It’s just as bad for people to believe it,  particularly when there is zero evidence. Worse still for a dying publication to try to prop itself up by peddling fake news—it’s an epidemic. Ms. Carroll & New York Magazine: No pictures? No surveillance? No video? No reports? No sales attendants around?? I would like to thank Bergdorf Goodman for confirming that they have no video footage of any such incident, because it never happened. False accusations diminish the severity of real assault. All should condemn false accusations and any actual assault in the strongest possible terms. If anyone has information that the Democratic Party is working with Ms. Carroll or  New York Magazine, please notify us as soon as possible. The world should know what’s really going on. It is a disgrace and people should pay dearly for such false accusations.” 83.   Upon information and belief, Trump’s June 21 statement was first given to the  press, including Laura Litvan of  Bloomberg News , who posted it on Twitter at 2:17 p.m. 9   9   See  Laura Litvan (@LauraLitvan), Twitter (June 21, 2019 2:17 PM), https://twitter.com/LauraLitvan/status/1142179819075121154. CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have beenaccepted for filing by the County Clerk. 15 of 28

16 84.   Trump’s June 21 statement was subsequently shared online by other journalists and covered by many leading news sources as Trump’s statement in response to Carroll. 10  85.   In the June 21 statement, Trump falsely stated that he did not rape Carroll. 86.   In the June 21 statement, Trump falsely stated that he had never met Carroll. 87.   In the June 21 statement, Trump falsely implied and affirmatively intended to imply that he had no idea who Carroll was. 10   See, e.g. , AFP News Agency, US Writer Says Trump Sexually Assaulted Her in Mid-1990s ,   A L J AZEERA , (June 21, 2019); Alexandra Alter,  E. Jean Carroll Accuses Trump of Sexual  Assault in Her Memoir  , N.Y.   T IMES  (June 21, 2019); Jenna Amatulli, Trump on E. Jean Carroll  Rape Allegation: “I’ve Never Met This Person in My Life” , H UFFINGTON P OST  (June 21, 2019); Amber Athey, Trump Responds to Rape Accuser: “People Should Pay Dearly for Such False  Accusations” ,   D AILY C ALLER   (June 21, 2019); Brian Bennet, Trump Says He “Never Met” Author Who Has Accused Him of Sexual Assault  , T IME  (June 21, 2019); Ellie Bufkin,  Trump Issues  Blistering Denial of E. Jean Carroll’s Rape Allegation ,   W ASH .   E XAMINER   (June 21, 2019); Adam Carlson,  Noted Advice Columnist Says Trump Raped Her in Manhattan Department Store in the ’90s—“Never Happened,” Trump Responds , P EOPLE M AG . (June 21, 2019); Matthew Choi, Trump  Dismisses New Sexual Assault Allegation ,   P OLITICO  (June 21, 2019); Casey Darnell, Writer Says She Was Raped by Trump in 1990s , Y AHOO !    N EWS  (June 21, 2019); EJ Dickson,  E. Jean Carroll  Alleges President Donald Trump Assaulted Her  ,   R  OLLING S TONE  (June 21, 2019); Vivian Ho & Lauren Gambino,  Evening Summary:   Trump Responds to E Jean Carroll’s Allegations ,   G UARDIAN  (June 21, 2019); Colby Itkowitz,  Magazine Columnist Accuses Trump of Sexual Assault More than Two Decades Ago, an Allegation He Denies , W ASH .   P OST  (June 21, 2019); Sarah Jones,  E. Jean Carroll: “Trump Attacked Me in the Dressing Room of Bergdorf Goodman.” ,    N.Y.   M AG . (June 21, 2019); Hilary Lewis,  E. Jean Carroll Says Bringing Rape Charges Against Trump Would Be “Disrespectful” to Migrant Women ,   H OLLYWOOD R  EP . (June 22, 2019); Caitlin Mac Neal,  Advice Columnist E. Jean Carroll Accuses Donald Trump Of Sexual Assault  ,   T ALKING P OINTS M EMO (June 21, 2019); Alex Pappas,  Longtime Advice Columnist E. Jean Carroll Accuses Trump of Sexual Assault in 1990s ,   F OX  N EWS , (June 21, 2019); Daniel Politi, Trump Goes on Tirade to Deny  Latest Assault Allegation: Women Are “Paid Money” to Make False Claims ,   S LATE  (June 22, 2019); Christina Prignano,  Author E. Jean Carroll Accuses President Trump of Sexual Assault in 1990s , B OS . G LOBE  (June 21, 2019); Eliza Relman, Trump Claims He’s Never Met the Columnist Who Just Accused Him of Sexual Assault Despite Photo Evidence of Them Together  , B US .   I  NSIDER   (June 21, 2019); Darlene Superville, Trump Denies Knowing NY Woman Accusing Him of Sexual  Assault  ,   A SSOCIATED P RESS  (June 22, 2019); Jessica Taylor, Trump Denies New Sexual Assault  Allegation by Advice Columnist E. Jean Carroll  , NPR (June 21, 2019); Josh Wingrove, Columnist  E. Jean Carroll Accuses Trump of Sexual Assault in 1990s ,   F ORTUNE  (June 21, 2019); Trump  Dismisses E. Jean Carroll Rape Allegation as “Fiction” , BBC    N EWS (June 22, 2019); Josh Wingrove, Woman Accuses Trump of Sexual Assault at New York Store in 1990s , B LOOMBERG  (June 21, 2019).   CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNEDNYSCEF DOC. NO. 2RECEIVED NYSCEF: 11/04/2019 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))which, at the time of its printout from the court system’s electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to rejectfilings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 16 of 28

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