Donald Trump and team try out new argument against his rape accuser's lawsuit

New York, New York - As E. Jean Carroll's rape cases against Donald Trump move forward, the former president and his legal team are pushing to have them dismissed.

Former president Donald Trump and his legal team are trying to get a rape lawsuit by E. Jean Carroll dismissed by arguing that it is unconstitutional.
Former president Donald Trump and his legal team are trying to get a rape lawsuit by E. Jean Carroll dismissed by arguing that it is unconstitutional.  © MARIO TAMA / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

E. Jean Carroll, a longtime writer for Elle magazine, has made claims that Trump raped her in a department store in Manhattan in the '90s.

In 2019, she filed a defamation suit against Trump after he denied her allegations publicly, claimed Carroll was a liar, and insulted her appearance – which she claims caused irreparable damage to her career.

In November, Carroll revealed that she was filing another suit for battery on the same day New York passed the Adult Survivors Act, which allows sexual assault survivors to file suit, even if the statute of limitations has expired, within a one-year window.

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On Wednesday, Trump and his team set out to get the new case dismissed by claiming the law is "unconstitutional."

"The Adult Survivors Act, well-intentioned as it may be, is a fundamentally flawed law that is unable to withstand constitutional scrutiny," Trump attorney Alina Habba said in a filing obtained by Bloomberg.

She adds that the law "inherently deprives countless individuals of their constitutional right to due process by forcing them to defend against these once-stale claims."

The DC appeals court has expedited the defamation case, but E. Jean Carroll hopes to combine both suits against Donald Trump into one.

Cover photo: MARIO TAMA / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

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