05/10/2023 | By:  Freewavemaker, LLC

As you have probably heard, Donald Trump was not convicted of Rape in a Civil Trial that took place this last week in court but he was convicted of “Sexual Battery” and “Defamation of Character” in a suit that was brought to the New York City courts by E. Jean Carroll, a former Elle magazine writer.

This supposedly happened in a store dressing room back in 1996.  Trump has pleaded not guilty, states the woman is lying and does not even recall ever meeting the woman that has accused him.

However, even though the Rape Case was not proven and he was found not guilty, he lost on the Sexual Battery and Defamation of Character Cases and was told to pay the woman $5,000,000.00 for damages.  For those not used to big numbers that’s 5 million dollars.

Trump has said that he will appeal the case to a higher court.  He has every right to do this and normally he would win on appeal … but his name happens to be Trump and New York and the Liberal Democrats are “out to get Trump.”

So, what was he actually convicted of?

Sexual Battery – Sexual battery is a type of sexual assault that involves any non-consensual sexual contact with another person. This can include touching, kissing, or any other form of sexual contact that is not wanted by the victim. Sexual battery can be committed by anyone, regardless of their age, gender, or relationship to the victim.

Guys be careful if you’re in a crowded room or elevator and happen to accidently bump into a person of the opposite sex.  Girls same can be said for you.

The penalties for sexual battery vary depending on the state in which it is committed. In some states, sexual battery is a felony, while in others it is a misdemeanor. The severity of the penalty will also depend on the specific circumstances of the case, such as the age of the victim and the level of force used.

According to my resources, Sexual battery in a civil case in New York is a misdemeanor. The specific charge is “forcible touching,” which is defined as “intentionally touching the sexual or intimate parts of another person for the purpose of degrading or abusing that person, or for the purpose of gratifying the actor’s sexual desires.” The penalty for forcible touching is up to one year in jail and/or a fine of up to $1,000.

However, this is a civil case not a criminal one so there will be no jail time or fines … just much bigger payouts if lost.

Defamation of Character – Defamation of character is a civil wrong that occurs when someone makes a false statement about another person that damages their reputation. The statement must be made to a third party, and it must be false and defamatory. Defamation can be either libel (written) or slander (spoken).

There are a few defenses to defamation, such as truth, opinion, and privilege. Truth is an absolute defense to defamation, meaning that if the statement is true, the defendant cannot be held liable. Opinion is also a defense, but it is more limited. To be considered opinion, the statement must be clearly identified as such and it must not be presented as fact. Privilege is a defense that applies to certain types of statements, such as those made in the course of judicial proceedings or by government officials.

As it relates to this incident, and his attorneys and the courts I have just a few more questions and statements:

First and foremost, why wasn’t Donald Trump in the courtroom?  I guess the accused has the right, but not the obligation, to face his accusers.  Did his lawyers really think this was a slam-dunk case that he could win without being there to face the accuser and potentially testify in his on defense? 

Second, why did they rest the case without calling one witness to the stand in defense of Mr. Trump?

Third, this incident occurred in 1996 (some 27 years ago.  Isn’t there a Statute of Limitations?

This is what I have been able to find out:

RAPE:  There is no statute of limitations for rape in New York. This means that a person can be charged with rape at any time, even if the crime was committed many years ago.

The statute of limitations is a law that sets a time limit on how long after a crime is committed that charges can be filed. The purpose of the statute of limitations is to protect defendants from being prosecuted for crimes that they may not have committed, or for which evidence may have been lost or destroyed over time.

However, there are some crimes that do not have a statute of limitations, including murder, kidnapping, and rape. These crimes are considered so serious that the public interest in prosecuting them outweighs the defendant’s right to a fair trial.

SEXUAL ASSAULT OR BATTERY:   There is no statute of limitations for civil lawsuits alleging sexual assault in New York. This means that a victim of sexual assault can file a civil lawsuit against their attacker at any time, even if the assault happened many years ago.

The Adult Survivors Act (ASA), which was enacted on Nov. 24, 2022, amended the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in the workplace—committed against individuals age 18 or older.

I’d say the ASA is probably what got this woman to file suit when she did. 

There was a statute of limitations on sexual assault in New York prior to the Adult Survivors Act (ASA). The statute of limitations varied depending on the type of sexual assault. For example, the statute of limitations for first-degree rape was five years, while the statute of limitations for second-degree rape was two years.  I have no idea what the difference between 1^st and 2^nd degree rape is … so I looked it up:

The difference between first-degree rape and second-degree rape can vary by jurisdiction, but generally, first degree rape is considered to be more severe than second degree rape.

First degree rape is typically defined as non-consensual sexual intercourse that involves the use of force, threats, or intimidation, or that is committed against a person who is incapable of giving consent due to factors such as age or mental disability. It is often considered to be a premeditated or intentional act, and may involve aggravating factors such as the use of a weapon or the infliction of serious physical injury.

Second degree rape, on the other hand, is typically defined as non-consensual sexual intercourse that does not involve the aggravating factors present in first degree rape. This might include cases where force or coercion is used to obtain sexual intercourse, but where there is no premeditation, no use of a weapon, and no resulting serious physical injury.

Again, the specific definitions of first degree and second degree rape can vary by jurisdiction, so it is important to consult the relevant laws in your area for a more detailed understanding of how these crimes are defined and prosecuted.

The ASA abolished the statute of limitations for civil lawsuits alleging sexual assault. This means that a victim of sexual assault can file a civil lawsuit against their attacker at any time, even if the assault happened many years ago.

The ASA created a one-year lookback window for victims of sexual assault who were previously barred from filing civil lawsuits due to the statute of limitations. This means that victims who were sexually assaulted before Nov. 24, 2022, have until Nov. 24, 2023, to file a civil lawsuit.

So, we see that the sexual battery or assault now has no statue of limitations in New York.  I wonder if Donald Trumps lawyers were aware of this since many of them have been caught talking about the Statute of Limitations on TV.  Even as late as last night on the Sean Hannity Show … Alan Dershowitz, a lawyer and professor of law, until his retirement in 2013, at the Harvard Law School, mentioned the case may be able to be won on appeal due to statute of limitations and other things.  Not sure he is aware there is no Statute of Limitations in New York since the enactment of the Adult Survivors Act (ASA) in 2022.

This brings us to the 3^rd part of the case … did he defame her character and when did he do it?

Before answering that, let me answer this: 

Is there a statute of Limitations for Defamation of Character in a civil suit in New York?

Yes, there is a statute of limitations for defamation of character in a civil suit in New York. The statute of limitations is one year from the date that the defamatory statement was published. This means that if you are defamed, you have one year from the date that the defamatory statement was published to file a civil lawsuit.

If you do not file a lawsuit within one year, you may be barred from ever filing a lawsuit. There are a few exceptions to the statute of limitations, but they are very limited.

So, when did this all occur? 

Donald Trump defamed the character of E. Jean Carroll on June 29, 2019, when he denied her allegation that he had raped her in a Bergdorf Goodman dressing room in the mid-1990s. In a statement, Trump said that Carroll was “not my type” and that he had “no idea who she is.” He also suggested that she was making up the story to sell books.

Carroll sued Trump for defamation in November 2019. The case went to trial in November 2022, and on May 9, 2023, a jury found Trump liable for defamation and awarded Carroll $5 million in damages.

The fact that she filed the suit in the same year that he allegedly defamed her tells me she is within her legal rights.  It is not her fault that it took two more years to get on the court docket.

I believe if there are any charges, he can get out of it would be this one.  Remember the rules:

There are a few defenses to defamation, such as truth, opinion, and privilege.

Truth – “Not my type.”  Just look at his present and past wives.  I don’t see how this could be denied.  This woman simply does not appear (at least to me) to be his type – that is opinion only (I don’t want to be sued).

Truth – “No idea who she is.”  We can only take his word for that unless someone can prove that he does know who she is.  If he does know who she is and knew who she was before she filed the suit, that should be easy for someone to prove.  Of course, it could also be simply “hearsay” evidence depending on how it is presented.

Truth/Opinion – “Making up a story to sell books.”  Fact is, she did write and sell a book.  Not sure the story was made up but she certainly talks about the alleged incident in her book What Do We Need Men For?: A Modest Proposal. It was published in 2019.

So, it’s back to my original question.

Why doesn’t Donald Trump have better lawyers?

I mean for crying out loud, he’s literally had a ton of lawyers.  Here’s a list as to my knowledge  as of today:

During his presidency, Donald Trump had several lawyers who represented him in various legal matters. Some of the key lawyers who served as part of his legal team during his time in office included:

• Jay Sekulow – a prominent conservative attorney who served as one of Trump’s primary lawyers during the Mueller investigation and subsequent impeachment proceedings.
• Rudy Giuliani – a former mayor of New York City and personal friend of Trump who served as his lawyer during the Ukraine scandal and subsequent impeachment proceedings.
• William Consovoy – a Washington, D.C.-based lawyer who represented Trump in several high-profile cases related to his finances, including efforts to obtain his tax returns and allegations of illegal campaign finance practices.
• Pat Cipollone – a White House counsel who represented Trump in several legal matters related to his presidency, including the impeachment proceedings.
• Marc Kasowitz – a New York-based lawyer who served as one of Trump’s primary attorneys during the Mueller investigation and subsequent legal battles.

Some of the lawyers who represented Donald Trump and his campaign in various legal challenges related to the election of 2020 include:

• Rudy Giuliani – as previously mentioned, Giuliani was a key member of Trump’s legal team during the 2020 election and was involved in several high-profile legal challenges related to the election.
• Jenna Ellis – a conservative attorney who worked closely with Giuliani on Trump’s legal team during the 2020 election.
• Sidney Powell – a former federal prosecutor who gained notoriety for promoting so-called conspiracy theories related to the election and who filed several unsuccessful lawsuits on behalf of the Trump campaign.
• Lin Wood – a conservative attorney who also promoted so-called conspiracy theories related to the election and filed several unsuccessful lawsuits on behalf of the Trump campaign.

An investigation on the January 6^th attack is still on-going and I have no idea who is representing Mr. Trump.  However, during the second impeachment trial of Donald Trump in February 2021, the following attorneys represented him:

• Bruce Castor – a former district attorney from Pennsylvania who served as the lead attorney for Trump during his second impeachment trial.
• David Schoen – a criminal defense attorney who represented Trump during his second impeachment trial.

It’s worth noting that Trump was acquitted in this trial, with the Senate falling short of the two-thirds majority required for conviction. It’s unclear if Castor or Schoen, or any other attorneys, would represent Trump in any future legal proceedings related to the January 6th attack.

As it relates to the lawsuit last week, Trump’s attorneys for the E. Jean Carroll civil suit were;

• Alina Habba and
• Joe Tacopina.

Next up …

On April 4, 2023, Manhattan District Attorney Alvin Bragg announced a 34-count felony indictment against former President Donald Trump. The charges allege that Trump and his associates engaged in a “scheme to defraud” by falsifying business records in order to conceal damaging information about Trump’s personal finances from American voters before and after the 2016 election.

The charges include:

• 16 counts of falsifying business records in the first degree
• 10 counts of conspiracy in the fourth degree
• 8 counts of grand larceny in the third degree

The indictment alleges that Trump and his associates made false and misleading statements about Trump’s assets and liabilities in order to inflate his net worth and obtain loans and other financial benefits. The charges also allege that Trump and his associates used the Trump Organization to funnel money from his businesses to his personal accounts, and that they used the Trump Organization to pay for personal expenses, such as Trump’s legal fees.

Trump has denied any wrongdoing and has vowed to fight the charges. He has called the indictment a “witch hunt” and a “political prosecution.”

The indictment is the culmination of a two-year investigation by the Manhattan District Attorney’s Office into Trump’s business dealings. The investigation was launched in 2019 after another of Trump’s former personal attorney’s, Michael Cohen, pleaded guilty to campaign finance violations for paying hush money to two women who claimed to have had affairs with Trump.

The indictment is the first time that a former president has been charged with a felony. It is also the first time that a sitting president has been investigated by a state prosecutor for possible criminal conduct.

The indictment is a major development in the ongoing saga of Trump’s legal troubles. It remains to be seen whether Trump will be convicted of any of the charges, but the indictment is a significant blow to his political career.

It appears that the lawyers representing him for this could be …

• Alan Futerfas
• Ronald Fischetti
• Joseph Tacopina
• Todd Blanche
• Susan Necheles

Futerfas is a partner at the law firm of Friedman Kaplan Seiler & Adelman LLP. He has represented Trump in a number of legal matters, including the investigation into Trump University and the impeachment inquiry into Trump’s dealings with Ukraine.

Fischietti is a partner at the law firm of Fischetti & Chevat. He has represented Trump in a number of legal matters, including the investigation into Trump University and the defamation lawsuit brought against Trump by Stormy Daniels.

Tacopina is a founding partner of the law firm of Tacopina & Seigel. He has represented a number of high-profile clients, including former New York Yankees star Alex Rodriguez and rapper Meek Mill.

Blanche is a partner at the law firm of Cadwalader, Wickersham & Taft LLP. He has a background in white-collar criminal defense and has represented a number of clients in state and federal criminal cases.

Necheles is a partner at the law firm of Necheles & Associates. She has a background in civil litigation and has represented a number of clients in high-profile cases, including the defamation lawsuit brought against Trump by E. Jean Carroll.

It is possible that Trump’s legal team will add additional attorneys as the case progresses.

Now I don’t know about you but I counted 17 lawyers for the man and none of them seem to be doing him that much good.  And why must there be lawyers from multiple law firms rather than just one or two?  To me, and in my humble opinion, it just does not make much sense.  After all, when it comes to professional matters it is hard to get two people to agree, let-a-lone five, ten or seventeen.  I mean just look at the US Congress … 550 people that cannot agree on any one thing.

When it comes to the case he just lost, he does have the right to an appeal.  However, what’s his chances really.  He’s Donald Trump and we know “They’re out to get Trump.”  He’s stated that he is worth about $10 billion … We know he likes to embellish things … so let’s say the real number is half that … $5 billion.  If he paid the $5 million, he was charged it would be like spending 0.001% of his wealth.  For you and me that’s like taking $1.00 out of $100,000.

Or what if he is worth only $1 billion?  Well, taking $5 million (0.5%) from that would be like you or I taking $50 out of $100,000 and giving it away.

Incidentally a note of interest – In a recent Yahoo Finance Article Forbes estimated Trump’s net worth at $3 billion a year ago, but it dropped to $2.5 billion on the publication’s April 2023 list of the richest people in the world. https://finance.yahoo.com/news/rich-former-president-donald-trump-170554393.html

Why are the attorney’s even considering having him appeal the case.  Take the low cost of $5 million as a win and move on.  Oh, that’s right, if they can save him $5 million perhaps, they will earn about $2.5 million for themselves.  Perhaps (and I have no idea how they are being compensated) if they can’t save him $5 million, they will earn only their hourly fee (whatever that may be).

Finally …

In addition to the charges, he is facing in New York for the 34-count felony indictment (which I agree is a “witch-hunt”), he is also potentially facing charges in Georgia for Election Fraud or Vote Manipulation.

The reason I say the charges by Alvin Bragg in New York is a “witch-hunt” is because most of them have to do with Trump supposedly lying about the value of his properties in order to borrow money against them.  Where’s the banks in all this?  Tell me a bank that will loan money on any property without first doing an appraisal to make sure the property owner/borrower is telling the truth about the value?  I’m sure in the “good-ole-boy” world there are some … but shouldn’t they be held at fault for taking on the risk?

In addition, tell me one business owner who does not take money out of his business for personal use … I mean after all … isn’t that a good reason to be in business?

It is no secret that Donald Trump is once again trying to gain the Presidency of the United States for one more term.  Whether he get’s a chance or not has to do with the Liberal Left that is doing everything in their power to “nail him to the wall” before it all comes down.  I voted for Trump the first time around in both the Primary and the General Election.  I am not sure if I will vote for him this time around.  As for the Primary it depends on who’s running against them and what they have to say (their platform).  However, if he’s nominated to run (and that is a big IF) in the general, then chances are good he will get my vote again.  Anyone is better than the person we now have (my opinion). 

However, there are two things (as I see it) that Trump needs to do to ensure he is elected in the Primary.

1. Reduce the rhetoric and name calling of those he’s running against.  I personally could care less what he says about the media or other politicians as long as he believes it to be true), and
2. Hire some good attorneys that can get rid of all these senseless court cases once and for all. 

In my opinion, O. J. Simpson had a better team of lawyers than Donald J. Trump has been able to hire – even with all his money!