Liberal Forum

Huey » 09 Feb 2026, 8:11 am » wrote: ↑

09 Feb 2026, 8:11 am

Blackvegetable » 09 Feb 2026, 8:00 am » wrote: ↑

09 Feb 2026, 8:00 am

Why was Judge Kaplan obliged to opine?



 

Ok, here ya go.  This will be the only answer to that question you will receive from me.  Keep in mind I am not under any obligation to answer your diversion:

Because the Jury, following is instructions, did not find she was proved she was rape by a preponderance of the evidence as indicated on the verdict form.

Dismissing the counterclaim, Judge Kaplan provided an unsparing analysis of the legal issues that informed the New York verdict. He wrote: “The only issue on which the jury did not find in Ms Carroll’s favour was whether she proved that Mr Trump ‘raped’ her within the narrow, technical meaning of that term in the New York penal law.

 “The jury … was instructed that it could find that Mr Trump ‘raped’ Ms Carroll only if it found that he forcibly penetrated Ms Carroll’s vagina with his penis.

 “It could not find that he ‘raped’ her if it determined that Mr Trump forcibly penetrated Ms Carroll’s private sexual parts with his fingers – which commonly is considered ‘rape’ in other contexts – because the New York penal law definition of rape is limited to penile penetration.”Kaplan had already outlined why it was not defamation for Carroll to say Trump raped her.

 “As the court explained in its recent decision denying Mr Trump’s motion for a new trial on damages and other relief [in the New York case] … based on all of the evidence at trial and the jury’s verdict as a whole, the jury’s finding that Mr Trump ‘sexually abused’ Ms Carroll implicitly determined that he forcibly penetrated her digitally – in other words, that Mr Trump in fact did ‘rape’ Ms Carroll as that term commonly is used and understood in contexts outside of the New York penal law.”

https://www.theguardian.com/us-news/202 ... %20denying
 

 

Blackvegetable » 09 Feb 2026, 8:42 am » wrote: ↑

09 Feb 2026, 8:42 am

Huey » 09 Feb 2026, 8:11 am » wrote: ↑

09 Feb 2026, 8:11 am

Ok, here ya go.  This will be the only answer to that question you will receive from me.  Keep in mind I am not under any obligation to answer your diversion:



 

If that is your "stand" (your "answer" insofar as I can decode it is completely wrong, of course), you will have to explain.why the reason Kaplan opined is not relevant.