Legal Expert Discusses Incident Between Trump And Congressional Member
Veteran constitutional lawyer Alan Dershowitz says President Donald Trump has a strong legal case against Rep. Alexandria Ocasio-Cortez (D-NY) following her recent false public claim that he is a “convicted rapist.”
During a Newsmax appearance, Dershowitz responded to a July 11 social media post by Ocasio-Cortez, in which she inaccurately referred to Trump as a “convicted rapist”—a claim that misrepresents the outcome of the civil trial brought by writer E. Jean Carroll.
“This is not protected opinion—it’s a false statement of fact,” Dershowitz said. “Definitely [he should sue].”
In the civil case, Trump was not found liable for rape. Instead, a New York jury determined he had defamed Carroll by denying her allegations. The underlying case was brought under a temporary state law that lifted the statute of limitations for civil sexual misconduct suits.
No criminal charges were ever filed, and no conviction occurred. Despite that, Ocasio-Cortez framed the matter as a criminal conviction—a statement Dershowitz says is both knowingly false and legally actionable.
Dershowitz argued that the congresswoman’s comments meet the legal standard for “actual malice,” which is necessary for defamation claims involving public figures. “She’s making it up in the face of knowledge that it isn’t true,” he said, adding that it would be easier to prove malice against Ocasio-Cortez than in Trump’s ongoing lawsuit against The Wall Street Journal.
Trump has already successfully sued ABC News and anchor George Stephanopoulos over similar false claims. That case concluded with a reported $15 million settlement and a formal public apology from the network, which conceded that the term “convicted” was inaccurate and misleading in reference to the Carroll verdict.
Dershowitz noted that while Trump would have to undergo deposition in any new defamation case, he’s shown a willingness to do so. “There are very few secrets left about Donald Trump,” he added.
As public figures continue to mischaracterize civil outcomes as criminal verdicts, the legal and reputational stakes rise. Whether Trump chooses to pursue additional legal action against sitting members of Congress remains to be seen, but Dershowitz’s assessment signals that the path forward is both viable and compelling.