The judge, Lewis Kaplan, in the E. Jean Carroll case has found that Donald Trump is a rapist, based on common definition of the word

A United States District Judge has now formally held, in a lengthy written opinion, that it is perfectly appropriate, and, indeed, entirely accurate, to call a certain former President of the United States a rapist.

I, for one, pledge to exercise vigorously—in fact, strongly–this treasured First Amendment right that the court has so appropriately vindicated today.

The jury in the E. Jean Carroll case has found that Donald Trump is a rapist, based on common definition of the word. 

He said the effect of Kaplan’s rulings “manifests a deeper leaning towards one party over another,” including in comments where the judge “openly expresses favoritism.”

Tacopina said if a mistrial were not granted, Kaplan should correct the record and give him more freedom to cross-examine Carroll.

Lawyers for Carroll did not immediately respond to requests for comment.

Requests for mistrials are often long shots, including when they are based on the judge’s own statements. Such requests also often form a basis for eventual appeals.

Former President Donald Trump’s push to redo the civil rape trial brought by writer E. Jean Carroll failed on Wednesday, as Reuters reports a federal judge rejected his motion. In a 59-page decision, U.S. District Judge Lewis Kaplan in Manhattan said the jury did not reach a ‘seriously erroneous result,’ and the May 9 verdict was not a ‘miscarriage of justice,'” said the report.

The lawsuit was brought after Carroll came forward with allegations that Trump raped her in a department store dressing room in the late 1990s, and Trump called her a liar. Carroll’s suit alleged both sexual battery, and that Trump’s denials and attacks on her character and motivations were defamatory and damaged her reputation and ability to find work.

Kaplan, however, rejected this argument, pointing out that even if the jury didn’t find him liable for rape as legally defined, they found him liable for a sexual offense “as many people commonly understand the word ‘rape'” — that is, that the attack amounted to something a lay person would colloquially call rape.

Even after the judgment against Trump, he continued repeating the same claims the jury found were defamatory, including at a CNN town hall in May where he led a largely-Republican audience in laughter over Carroll’s accusations. Carroll responded with a legal motion for another round of damages.

He said the effect of Kaplan’s rulings “manifests a deeper leaning towards one party over another,” including in comments where the judge “openly expresses favoritism.”

Tacopina said if a mistrial were not granted, Kaplan should correct the record and give him more freedom to cross-examine Carroll.

Lawyers for Carroll did not immediately respond to requests for comment.

Requests for mistrials are often long shots, including when they are based on the judge’s own statements. Such requests also often form a basis for eventual appeals.