Legal Expert: Rosie O’Donnell Just Put Herself in Jeopardy of Major Legal Action from Trump
Jonathan Turley has warned that Rosie O’Donnell could face a important defamation lawsuit from former President Donald trump following her recent TikTok comments accusing him of being a “rapist.” O’Donnell, who now lives in Ireland, accused trump of orchestrating an insurrection, having multiple sex abuse charges, and settling cases involving children’s families. Turley noted that while criticizing Trump is protected free speech, calling him an “adjudicated rapist” may cross legal boundaries because Trump has never been legally declared a rapist. He explained that past defamation cases against Trump, including one with E. Jean Carroll where the court ruled some allegations “substantially true,” do not fully protect O’Donnell’s statements. If she cannot provide credible evidence, her repeated public accusations could be seen as reckless disregard for the truth and expose her to serious legal consequences.
Jonathan Turley warned Tuesday that Rosie O’Donnell may have opened herself to a major defamation lawsuit from President Donald Trump.
The former TV host, who moved to Ireland after last year’s election, called the president a “rapist” in comments on her TikTok page this past weekend.
Turley wrote that “O’Donnell seems to spend much of her days in a constant rave about Trump, Republicans, and the demise of the United States from her new home in Ireland.”
“That is fine and an exercise of free speech,” he continued. “However, it may have crossed the line into defamation in her latest posting.”
In the TikTok video, O’Donnell said, “Did you think in a million years that they would re-elect a man who orchestrated an insurrection against the government?”
She added, “They would re-elect that guy with all the charges of sex abuse? — the adjudicated rapist … And then I just saw this thing today about all the cases he’s settled with children, children’s families, accusations about him, that he chose to settle.”
O’Donnell concluded, “When are we going to be able to go, ‘We’re grown up enough to understand that this kind of deviant, psychotic, mentally ill behavior goes on at the highest level sometimes, and no matter where it goes on, it is our duty to stop it.’ Shame, people. Shame on what has become of us.”
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Turley pointed out that Trump has already taken legal action in the past over accusations that he’s a rapist.
He added that Trump ultimately lost to E. Jean Carroll after the judge determined her allegation of rape was “substantially true.”
The judge in the case 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.”
Trump was never “adjudicated” to be a rapist, Turley emphasized.
“The addition of the word ‘adjudicated’ could move the claim outside of mere opinion,” he said.
“Even without that word, it is considered potentially defamatory to claim that Trump is, in fact, a rapist despite the earlier ruling in New York.”
“MSNBC and the show ‘Morning Joe,’ for example, quickly retracted a statement that Trump was a ‘rapist,’” Turley stated.
“The earlier denial of the defamation case certainly would help O’Donnell, but it is not dispositive,” he added.
Turley argued that if O’Donnell had no reliable evidence for her accusation, it could easily qualify as reckless disregard for the truth.
He added that repeating the claim to millions of followers only increases the potential damages in a defamation case.
Turley said that unless she can prove her allegation with credible evidence, she may have handed Trump a prime chance to take legal action against her.
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