The recent $15 million defamation settlement between ABC News and former President Donald Trump, stemming from comments made by anchor George Stephanopoulos, has sparked controversy and debate about its implications for journalistic freedom. The settlement concludes a lawsuit filed by Trump after Stephanopoulos inaccurately stated on his program, “This Week,” that Trump had been “found liable for rape” in the E. Jean Carroll case. While the jury did find Trump liable for sexual abuse and defamation, the specific legal definition of rape in New York State was not met, thus rendering Stephanopoulos’s statement inaccurate. This discrepancy formed the basis of Trump’s defamation suit.
Interestingly, MSNBC host Symone Sanders-Townsend has publicly stated that Stephanopoulos’s initial comments “seem to hold up,” despite the substantial settlement paid by ABC News. This viewpoint contradicts the legal outcome and the network’s subsequent apology and retraction. Sanders-Townsend further expressed concern about the “chilling effect” such settlements could have on journalism, suggesting that the financial implications might deter news organizations from pursuing potentially contentious stories or making strong assertions, even if based on reasonable evidence. She highlights the significant personal financial burden on Stephanopoulos, who is contributing $1 million of his own money to the settlement, in addition to the $15 million paid by ABC News, as further evidence of the potential chilling effect on individual journalists.
The settlement agreement, signed by Trump, Stephanopoulos, and Debra OConnell, President of ABC News Group and Disney Entertainment Networks, mandates the payment of $15 million to an escrow account earmarked for Trump’s presidential library within ten days. Furthermore, ABC News is obligated to cover the legal fees incurred by Trump’s attorney, Alina Habba, within the same timeframe. The agreement also included a public editor’s note on the ABC News website expressing regret over Stephanopoulos’s mischaracterization of the Carroll verdict. This swift resolution averted scheduled depositions for both Trump and Stephanopoulos, precluding the need for sworn testimony.
The underlying lawsuits brought by E. Jean Carroll against Donald Trump revolved around her allegations of being raped by him in the mid-1990s at Bergdorf Goodman, a luxury department store in Manhattan. Carroll, a former advice columnist, detailed these allegations in a 2019 memoir. Trump vehemently denied her claims, asserting that he had never met Carroll and dismissed her story as a fabrication to promote her book. These denials, which Carroll characterized as defamatory, prompted her to file suit against Trump.
The first trial resulted in a $5 million judgment against Trump for sexual abuse and defamation, while the second trial, focusing on additional defamation claims, resulted in an $83.3 million judgment. Crucially, neither verdict legally classified Trump’s actions as rape under New York law, a distinction that formed the crux of the defamation case against ABC News. Judge Lewis Kaplan, in upholding the initial $5 million judgment, explicitly stated that the jury had not found Trump liable for rape according to the specific legal definition in New York Penal Law. Trump is currently appealing both verdicts.
This case highlights the complexities surrounding defamation law, particularly in the context of high-profile figures and sensitive subjects. The significant financial settlement, coupled with the public apology from ABC News, underscores the potential consequences of inaccurate reporting, even when unintentional. The debate surrounding the chilling effect of such settlements on journalistic practice will undoubtedly continue, as news organizations navigate the delicate balance between robust reporting and the potential legal ramifications of errors. The contrasting viewpoints about the accuracy of Stephanopoulos’s initial statement further complicate the narrative, raising questions about how legal definitions intersect with public perception and journalistic interpretation.
