Former White House lawyer Ty Cobb called Donald Trump a "rapist" on live television, prompting MSNBC host Jonathan Capehart to interrupt and note Trump has not been criminally convicted of rape. Cobb cited Federal Judge Lewis A. Kaplan's remarks in the E. Jean Carroll matter, while Capehart argued the judge's language better fit "sexual assault." In 2023 a civil jury found Trump liable for sexual abuse and defamation, awarding Carroll $5 million; she was later paid $5.62 million after appeals. A separate $83.3 million defamation judgment from 2024 remains tied up in appeals.
Ty Cobb Calls Trump a 'Rapist' on Live TV — Host Pushes Back Over Legal Nuance
MS NOW host Jonathan Capeheart and former Trump White House lawyer Ty Cobb had a disagreement on live TV. / MS NOW / MS NOW
Former White House lawyer Ty Cobb called his one-time boss Donald Trump a "rapist" during a live television interview on Saturday, prompting MSNBC host Jonathan Capehart to interrupt and correct the legal terminology.
Cobb, who served in the first Trump administration, launched a scathing critique of the former president, saying he was "a malignant narcissist, convicted felon, rapist, and somebody who was really out to feather his own nest." Capehart immediately interjected to note that Trump has not been criminally convicted of rape.
Writer E. Jean Carroll leaves the 2nd U.S. Circuit Court of Appeals, where Donald Trump was fighting to overturn a $5 million award to Carroll after a jury found him liable for sexual abuse and defamation. He lost. / ADAM GRAY / REUTERS
Jonathan Capehart: "Ty, I just have to stop you… because you just called the president a rapist. That is a legal thing that he has not been convicted of. So we've just got to be clear on that."
Ty Cobb: "You're absolutely right. He has not been convicted of it. But the federal judge who oversaw the [E. Jean Carroll] trial said on the record that he was guilty of rape."
Jonathan Capehart: "No, no, no, sexual assault."
Ty Cobb: "No, actually, Jonathan, you're wrong. I'll send you the site."
Their exchange highlights the legal distinction between criminal convictions and findings or descriptions made in civil proceedings. E. Jean Carroll accused Trump of sexually assaulting her in the mid-1990s, alleging he followed her into a dressing room and "forcibly penetrated her." In 2023, a civil jury found Trump liable to Carroll for sexual abuse and defamation and awarded her $5 million.
Federal District Judge Lewis A. Kaplan later concluded, in the context of a separate defamation dispute, that the conduct the jury had found fell within the common understanding of the word "rape," and he ruled that Carroll's characterization of the incident as rape was "substantially true." Those statements arose in civil litigation and do not represent a criminal conviction.
E. Jean Carroll was paid more than $5 million in damages by Donald Trump, despite a protracted legal battle. / Evelyn Hockstein / REUTERS
Carroll ultimately received $5.62 million (including interest) after the lengthy appeals process concluded in July when the Supreme Court declined to take up the case. The article also notes a separate 2024 defamation judgment ordering Trump to pay $83.3 million; that award is currently on hold while appeals proceed.
Why This Matters: The on-air clash underscores how legal terminology can be misunderstood in public debate. Civil liability, judicial findings in a civil context, and criminal convictions are distinct legal outcomes with different standards of proof and consequences.
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