I have previously expressed skepticism over some defamation cases against the media brought by President Donald Trump under existing case law. However, comedian Rosie O’Donnell may have supplied the President with a another defamation case if she cannot back up sensational claims made against the President to her 2.9 million TikTok followers. She states as a fact that the President is an “adjudicated rapist” and settled child abuse cases.
O’Donnell seems to spend much of her days in a constant rave about Trump, Republicans, and the demise of the United States from her new home in Ireland. That is fine and an exercise of free speech. However, it may have crossed the line into defamation in her latest posting.
O’Donnell stated:
“Did you think it a million years that they would reelect a man who orchestrated an insurrection against the government? They would reelect that guy with all the charges of sex abuse? — the adjudicated rapist…And then I just saw this thing today about all the cases he’s settled with children, children’s families, accusations about him, that he chose to settle.”
She added:
“When are we going to be able to go, ‘We’re grown up enough to understand that this kind of deviant, psychotic, mentally ill behavior goes on at the highest level sometimes, and no matter where it goes on, it is our duty to stop it,’” O’Donnell continued in her unhinged rant…Shame, people. Shame on what has become of us.”
Notably, at least eleven months ago, O’Donnell called Trump a “rapist” and a “serial pedophile rapist.”
Trump previously sued over the claim that he is a rapist. He lost such a case against E. Jean Carroll after a judge ruled that her claim to have been raped by Trump was “substantially true.” The judge wrote: “The only issue on which the jury did not find in Ms Carroll’s favour was whether she proved that Mr Trump ‘raped’ her within the narrow, technical meaning of that term in the New York penal law.”
Nevertheless, Trump was not legally “adjudicated” to be a rapist. The addition of the word “adjudicated” could move the claim outside of mere opinion.
Even without that word, it is considered potentially defamatory to claim that Trump is, in fact, a rapist despite the earlier ruling in New York. MSNBC and the show “Morning Joe,” for example, quickly retracted a statement that Trump was a “rapist.”
The earlier denial of the defamation case certainly would help O’Donnell, but it is not dispositive. More importantly, that is not all that she said.
The second claim is that Trump settled with the “children’s families” over abuse cases.
It is not clear what the basis for this allegation is, but Reuters reported months ago about fake headlines on the Internet claiming that prosecutors were considering “child molestation charges” against Trump.
It is not clear if O’Donnell can produce support for the claim. If she cannot, it would certainly constitute “per se” defamation.
The common law has long recognized per se categories of defamation where damages are presumed and special damages need not be proven. These include: (1) disparaging a person’s professional character or standing; (2) alleging a person is unchaste; (3) alleging that a person has committed a criminal act or act of moral turpitude; (4) alleging a person has a sexual or loathsome disease; and (5) attacking a person’s business or professional reputation.
Claiming that Trump settled child abuse cases would certainly trigger a couple of these categories.
The United Kingdom is generally a better jurisdiction to bring defamation cases than the United States, which has stronger free speech and free press protections.
In the United States, any such action would have to be brought under the higher standard. In New York Times v. Sullivan, the Supreme Court established the actual malice standard, requiring public officials to shoulder the higher burden of proving defamation. Under that standard, an official would have to show either actual knowledge of its falsity or a reckless disregard of the truth. That standard was later extended to public figures.
If O’Donnell had no credible sources for this claim, it would appear to be clearly a reckless disregard of the truth.
That she said this to millions of followers only magnifies the general damages presumed in such cases.
Unless O’Donnell can argue truth as a defense with credible support for such settlements, she may have just given Trump a golden opportunity to pursue his long-time critic. There is no love lost between these two, but there could soon be a defamation action.
What about the 28 women who have made credible accusations of sexual abuse, the civil case of sexual assault on Jean Carroll, and Trump’s own words about what he does to women without their permission along with his history of being a chronic liar. Who would ever believe him on anything? The Epstein files for certain have information on this chronic sexual predator.
Trump’s own words about what he does to women.
Lie. He was talking what others do.
It is stunning that Trump was found guilty of anything in the E. Jean Carroll case. She could prove absolutely nothing! Even the dress/coat she reportedly wore was not even made until years after the range of time she could not pin point within several years, but even in her broad range, the dress/coat had yet to be made. The statute of limitations had passed, but they wanted to sink Trump so bad, they neglected that Statute to bring a totally nut case female (I think) out and propped her up to get Trump. No other case would this have been proof, and only with the aid of activist judges and a biased jury could this take place, in a community that is hevi,y anti-Trump. No facts at all were presented. Not 1.
https://www.breitbart.com/politics/2024/01/27/15-facts-about-e-jean-carrolls-allegations-against-trump-media-dont-want-you-know/
Trump never said that he grabbed women, he said there where men that would do that and women that would let them. The tape was edited and altered and a non Trump woman proved that. Just more liberal lies
As usual Turley’s rants are heavy on hyperbole, but light on facts.
He ponders whether Trump should bring his defamation case in the UK since the US has stronger free speech laws.
Of course this is complete nonsense. Rosie O’Donnell lives in Ireland, not the UK.
Turley’s rants are becoming more and more “fact free”, and designed to simply rile up the MAGA mob.
As we all know the MAGA mob prefers “alternative facts”.
Does your life consist of anything but these low IQ rants here?
Is not truth an absolute defense?
OT, but related, it appears the BBC doctored a second Trump speech, in an attempt to make it appear Trump was encouraging his supporters to riot.
BBC Newsnight also doctored Trump speech
https://www.telegraph.co.uk/news/2025/11/13/bbc-doctored-trump-speech-second-time-newsnight/
Not so rosy Rosie O’Donnell is just a mouthy antagonist with a deeply seeded narcissistic attitude.
She should learn to keep her mouth shut when she’s chewing P_ _ _ y.
Fight Fire with Fire 🧯
Of what truth do you speak?
I thought that once Rosie moved to Ireland, she would feel safer and she might disappear from the news and headlines. Instead it appears she is only getting worse. Her hate for Trump was already pathological but now she is passing into farce and defamation. One can only wonder what goes on in her head.
I realize her passions run deep and she has exhibited histrionic behavior before in some of the roles she has played but now she appears to be on the verge of becoming a parody of herself .
It almost appears that her concerns are becoming unhinged from reality. If I were Irish medical services I would start welfare checks on a regular basis because she might literally pass over into living proof of spontaneous combustion. Ireland is a small island, for all its beauty, but such a combustion might shake the entire Emerald Isle.
She has ceased being a rotund Leprechaun and is sounding more like a Banshee.
GEB,
In a clinical sense, it is a interesting, yet disturbing, window into the mental status of this person. Of which, rather than having to be a professional treating her, she is putting her TDS out there for all her followers and the rest of the world to see. The sad part is there are others out there who with TDS, believe just as she does. TDS started out as a joke, but clearly it is a real thing.
GEB
I thought that once Rosie moved to Ireland.
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Heck she has gone over the cliff since she moved. She talks about Trump almost every week.
Go see a doctor Rosie.
TDS is real people, fortunately it only infects the stupid.
It seems fools will believe any made up/fake headlines they read.
“. . . reelect a man who orchestrated an insurrection against the government?”
Fools indeed.
DTS is living rent free in that she/her/oinks head …. and he didn’t spend a dime on construction!
Annnnd… the rent is due rosie….
I’m no attorney but as a general principle of law it appears to me that a defamation suit should only be available to private parties who are seeking recovery for some material harm done to them. As to public officials already in office, “We the People of the United States…” are entitled to know all we can of criminal acts allegedly perpetrated by our “employees.” And, I don’t think Mr. Turley should be encouraging Trump or any other elected officials to be filing such frivolous law suits and tying up the courts with such personal matters on the public’s time. Charles G. Shaver
President Trump is a human being as well as a public servant. Of course he should sue for such unfounded lies about him.
Charles, your post presumes that the case has no merit (frivilous). There is absolutely no evidence presented in this article that would allow such an inference. On the contrary, accusing one of being a rapist and a child abuser, demands a response. One does not give up one’s right to protect one’s reputation when one enters public life. Besides, as you note, the public should be informed about their officials. He should sue.
Tryingtoclarify!, I disagree on at least three accounts. First, he’s a full-time “President,” with no private time until his term is over. Next, his already questionable reputation has not been additionally tainted with a mere accusation of wrong doing (e.g., “sticks and stones…”). Lastly, he has not suffered any employment difficulties and/or financial losses I know of, while he destroys the People’s “Guest House” for personal taste and has people who have yet to harm anyone in the US murdered off the coast of Venezuela. Just what kind of a reputation does he have left to save? CGS
Anonymous, you are certainly free to disagree with my recommendation that Trump should sue. But the reasons you offer are meritless. First, being a full-time “President” doesn’t preclude suing. People can multitask (you know: walk and chew gum at the same time.) Second, your conclusion about Trump’s “tainted” reputation suffering more is really a question for the jury and not your particular bias. And finally. your point about suffering financial loss is totally irrelevant. The damages in such a lawsuit are recognized as “per se.”
The Democrats are good at filing frivolous lawsuits against Republicans tying up the courts with such personal matters in rigged court rooms, while the MSM spreads their false claims to millions of Americans. You’re right, you’re not an attorney.
Charlie G. Shaver thinks we should strip public figures of redress against deliberate, lying defamation intended to harm not just the target of such vicious liars – but also the voters who decided to choose those public figures for public office to execute the platform they ran for election on.
Charlie claims that vicious political liars doing damage like that to those chosen by voters for public office, and the political platform they chose, is merely a “personal matter” of the victim of the vicious liars Charlie wants to defend. And as such, it that doesn’t harm the voters who chose that person for office in the slightest.
Charlie’s thought processes are about as deep as a layer of oil scum floating on the ocean. And so, as usual, he drops his dump here and disappears.
I don’t know how you others manage to post so many comments so quickly but I usually get deleted when I try to. And, at least I’m willing to identify myself and my individual (not political party affiliated, at all) perspectives. Would it help if I said I’m sorry if our industrious precedent Trump got his feelings (what else?) hurt again. And, am I the only one to see signs of bad diet related (my discovery) early onset Alzheimer’s Disease on-high, again? CGS
Ano
And, at least I’m willing to identify myself and my individual’
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LOL. OK, try using a real name ANONYMOUS for a start
Typical, Anonymous quotes a guy pontificating on the law who in his first sentence tells us that he is not a lawyer but rather just a guy with an opinion based on a lack of knowledge of the law.
Rosie and Anonymous have a great deal in common. They scour the fake news every morning looking for anything to feed their TDS. They say, it doesn’t matter if it’s true or not just as long as it supports their dementia. Bang bang Trump’s silver hammer gonna come right down on her bank account.
Stupid is as stupid does.
Stupid is as stupid does… you sure do stupid a lot around here.
No different than you?
Just stating the legal issues. That you see this as encouragement brings into question your judgment. Defamation against an elected official has a higher bar but you saying it should be eliminated entirely raises questions again about your judgment. No one should be allowed to use their large media platform to defame anyone
Your comment is nonsensical. Of course public figures can sue when lied about viciously in this manner. Even Sullivan v NY allows it.
You’re right, you’re not a lawyer. That’s the first intelligent comment you’ve made on this blog. The rest of what you said puts you in the Rosie O’Donnell category.
Professor, with all the wild accusations be made with the “Epstein Files”, the Courts will be clogged for decades with these suits. The level of “Rage” is in the “Danger Zone” to quote Kenny Logans.
Professor Turley daring to criticize George X’s hottie, Rotund O’Donnell, is sure to have George X coming out of the woodwork with one of his more forceful “BBBUUUUTTTT… MUH TURLEY!!!” episodes.
The two fighting Irishmen, O’Donnell and Biden, are living proof that stupidity, viciousness and pathological lying do not prevent becoming rich off the stupidity of others who find that admirable.
Rosie, the avowed lesbian accusing Trump of deviant sexual behavior? Interesting, how far we have fallen as we lose sight of our own mortality.
Pres. Trump, yes, sue Rossie for a big number. The one thing DEMS/Woke/Liberal Elite’s hate is being sued and writing a big check.
I hope and pray that he does file defamation charges against her. This false accusations against people that can destroy their lives and other people’s lives along the way has to stop. If Her defamations have reached over 2 million people, a lot of of them are going to believe her, and this is horrifically wrong. People need to be taking to task when making false accusations, regardless of whether it’s a singular person or the news media. This type of behavior causes violence, hatred, and many other derogatory things.
The Irish are very tolerant people, aren’t they?
They like potatoes, Rosie is welcomed!
Ms. Potato ?
Rosie bleats “Shame on what has become of us.” The only way that claim makes sense is if the pronoun “us” is confined to those voluntarily and happily succumbing to TDS.
Isn’t this similar to those cases where the plaintive (or defendant) could win the battle but lose the war by jury nullification? Couple that with judicial bias and Trump could be set back a notch or two.
No,
Denying true american justice..that would be an interesting experiment; how many support law and order vs. chaos just to “get Trump”.
The dems have nothing to lose, they figure they might as well burn down the country.
The media has sold it’s reputation, their only holding of their value! Crimes committed, lives destroyed, careers ended, just to get him.
Aaaannd….He’s still here, kinda drives you mad doesn’t it Rosie? He’s only one man, and you are helpless. There is nothing you can do about it Rosie. Nothing!! Mwa-HaHaHa!
Would be nice if Rosie could just move on with her life. What’s left of it.
“The United Kingdom is generally a better jurisdiction to bring defamation cases than the United States…”
She is in Ireland. Why would UK law apply?
Depends where in Ireland. Northern Ireland is part of the UK. I don’t know where that fool woman lives.
Correct.
EU, UK, what’s the diff?
biden. Not Trump.