Rep. Alexandria Ocasio-Cortez (D-NY) sparked intense controversy after calling former President Donald Trump “a rapist” in a social media post, leading to widespread criticism and speculation about possible legal consequences. The remark came in response to the Justice Department’s decision not to release further files related to Jeffrey Epstein. “Wow who would have thought that electing a rapist would have complicated the release of the Epstein Files?” Ocasio-Cortez wrote on X, appearing to reference Trump’s 2023 civil trial.
In that trial, Trump was found civilly liable for sexual abuse and defamation against writer E. Jean Carroll, but not for rape — a key legal distinction critics argue Ocasio-Cortez ignored. Her use of the term “rapist” drew accusations of defamation, with some asserting that the mischaracterization could open her up to a lawsuit. Legal experts and political figures weighed in, saying her words may have crossed a legal line, even under the high bar set by the New York Times v. Sullivan ruling on public figures and libel.
Senator Mike Lee (R-UT) called the comment potentially defamatory, while conservative commentator Laura Loomer and attorney Phil Holloway urged Trump to pursue legal action. They drew comparisons to Trump’s 2024 lawsuit against ABC’s George Stephanopoulos, who similarly misstated the outcome of the Carroll trial by claiming Trump had been found liable for rape.
That defamation case led ABC to settle for \$15 million and issue a public apology. Although the White House declined to confirm whether Trump’s legal team would act against Ocasio-Cortez, Trump spokesperson Steven Cheung released a scathing statement attacking the congresswoman’s character and accusing her of suffering from “Trump Derangement Syndrome.”
The incident underscores the continued legal and political fallout from Trump’s past cases, as well as the heightened scrutiny public officials face over their language. As defamation becomes a growing political weapon, the line between political rhetoric and legal liability is becoming increasingly contested.
