Case: 24-644, 09/08/2025, DktEntry: 134.1, Page 28 of 70
statements at issue in this case were made three years earlier than the statement
in Carroll II, the statements were identical in material respects because both
accused Carroll of fabricating the sexual assault allegations for improper
purposes. Compare supra pp. 6-8 (June 2019 statements), with supra pp. 13-14 (October 2022 statement). 14
The truth or falsity of Trump’s statements in both 2019 and 2022
turned on whether Carroll was lying, that is, whether Trump sexually assaulted Carroll in 1996, irrespective of the specific sexual act committed. 15 The jury in
14
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For example, in the 2022 statement which the Carroll II jury determined to be false — Trump stated, among other things: “I have no idea who [E. Jean Carroll] is.” Carroll, 690 F. Supp. 3d at 401. In the June 21, 2019 statement at issue here, Trump said: “I’ve never met this person in my life.” App’x at 1887. Moreover, in the 2022 statement, Trump said: “She completely made up a story that I met her . . . and, within minutes, ‘swooned’ her. It is a Hoax and a lie,” “it never happened,” and “for the record, E. Jean Carroll is not telling the truth, is a woman who I had nothing to do with, didn’t know, and would have no interest in knowing her if I ever had the chance.” Supp. App’x at 108. In the June 21, 2019 statement, Trump said: “Shame on those who make up false stories of assault to try to get publicity for themselves,” “I would like to thank Bergdorf Goodman for confirming that they have no video footage of any such incident, because it never happened,” and “[f]alse accusations diminish the severity of real assault.” App’x at 1887.
15
In other words, the application of issue preclusion to the falsity element is proper because Trump’s 2019 and 2022 statements did not turn on the specific sexual act he committed. He did not deny, for example, digital penetration specifically. In all statements, he denied any sexual assault, full stop. The Carroll II jury found Trump’s 2022 statement to be false because it found that he sexually abused Carroll. See Tannerite Sports, LLC v. NBCUniversal News Grp., a division of NBCUniversal Media, LLC, 864 F.3d 236, 242 (2d Cir. 2017) (Under New York law, “to satisfy the falsity element of a
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