Legal concerns appear to be looming over Rep. Alexandria Ocasio-Cortez (D-NY) following a recent social media post in which President Donald Trump was referred to as a “rapist,” a claim many have described as both baseless and defamatory.
In a contentious statement posted on X, Ocasio-Cortez implied that the administration’s strategy for releasing the eagerly anticipated Epstein files may have been influenced by the purported personality of President Trump. It was said that the election of a person who was accused of such behavior could have caused issues with the release.
The post was widely interpreted as a reference to the civil case involving writer E. Jean Carroll. While a jury had ruled in 2023 that Trump was liable for sexual abuse, not rape, this key legal distinction appeared to be ignored by the congresswoman. Social media observers reacted quickly, highlighting the comment’s possible legal ramifications. A number of users pointed out that under US defamation law, such a description would be considered libel.
Among others who provided input on the possible legal threshold that might have been exceeded was Sen. Mike Lee (R-UT), who brought up the precedent of New York Times v. Sullivan, which requires actual malice in defamation lawsuits involving public people. Even under what were referred to as the lenient standards established by that opinion, he noted on X that defamation liability had been incurred.
Emphasis was placed by other users on the recklessness associated with the claim, particularly in light of the congresswoman’s national platform. It was pointed out by one X user that no criminal conviction for rape had been issued against Donald Trump, and it was stated that, given her broad influence, appropriate conduct and language should have been exercised, while the remark was characterized as defamatory. It was further added by another user that similar accusations had previously been made by higher-profile commentators, some of whom had faced successful lawsuits as a result, leading to the suggestion that legal difficulty might now be faced by her as well.
The statement from Ocasio-Cortez was perceived as coming shortly after a high-profile defamation case involving ABC’s George Stephanopoulos, when an interviewer falsely claimed that President Trump had been found liable for rape. In addition to $1 million in legal fees and a public apology from the network, the event ended with a sizable $15 million settlement given to Trump’s presidential library foundation.
It was suggested by Trump allies, including legal analyst Phil Holloway, that a similar legal outcome might be pursued against Ocasio-Cortez. It was stated by Holloway that legal action should be taken against her to the extent of bankruptcy, and the remark was characterized as having gone far beyond acceptable limits.
A strong response was issued by White House communications director Steven Cheung, in which it was suggested that the comment made by Ocasio-Cortez had been motivated more by long-standing personal resentment than by any factual grounding. It was claimed by him that she had often portrayed herself as being from a tough background, while actually being viewed as someone attempting to overcompensate for deep-seated insecurity. It was further stated that the congresswoman might require serious assistance due to what was described as a severe case of Trump Derangement Syndrome.
It was not the first instance in which such claims had been made by Ocasio-Cortez. In a previously circulated video, a refusal to attend a presidential inauguration had been indicated by her, accompanied by a statement declaring that she doesn’t celebrate rapists. The remark was widely interpreted as having been directed at President Trump, despite the absence of any conviction or legal finding supporting that characterization. As of Tuesday, Ocasio-Cortez had not responded to the growing backlash or indicated whether a retraction would be issued.
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