New York Democratic Rep. Alexandria Ocasio-Cortez is under scrutiny after a social media post in which she called former President Donald Trump a “rapist,” linking him to the administration’s decision not to release the Epstein files. The tweet has sparked discussions over potential defamation liability.
“Wow who would have thought that electing a rapist would have complicated the release of the Epstein Files,” Ocasio-Cortez wrote on X, seemingly referencing Trump’s legal case with former Elle Magazine columnist E. Jean Carroll. While a federal jury found Trump liable for sexual assault in the 1990s, he was not found guilty of rape.
Legal experts and political figures quickly noted the possible consequences of the statement. Utah Republican Senator Mike Lee highlighted the risk, pointing to the high standards set by the landmark New York Times v. Sullivan case. The Supreme Court ruling requires that for a public figure to prove defamation, false information must be shared with “actual malice” — meaning either knowingly false or recklessly disregarding the truth.
Social media users also weighed in, warning that calling Trump a “rapist” could be seen as libel. “Donald Trump has not been criminally convicted of rape. As a congresswoman, with such broad reach, you should act and speak appropriately. This is defamation,” one user wrote. Others noted that high-profile commentators have faced lawsuits for similar claims.
With comparisons already being drawn to past settlements and legal actions, the situation raises questions about whether Trump could pursue legal action against Ocasio-Cortez…
