Trump’s effort to invoke New York’s anti-SLAPP law against writer E. Jean Carroll’s case was legally unsound and “dilatory,” the judge concluded.
Against the backdrop of that fight, Trump swapped lawyers in November, replacing his personal attorney, Marc Kasowitz, with Alina Habba. A few weeks later, Habba filed a request with the court to amend Trump’s answer to Carroll’s complaint to include a defense arguing that the lawsuit was barred under New York’s anti-SLAPP law as well as a counterclaim seeking damages from Carroll, also under the anti-SLAPP law.
Raising the anti-SLAPP law as a counterclaim against Carroll failed as well, Kaplan wrote. Once Trump and the Justice Department moved the case to federal court, the anti-SLAPP law became unavailable as a defense because key parts of it conflicted with the rules that govern federal cases, he found, citing a 2020 decision from the 2nd Circuit in a separate case that had reached that conclusion.
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