NY – Ex POTUS Donald Trump, sued by E. Jean Carroll, DT found liable re sexual assault, $5M award, countersuit dismissed, appeal rejected, 2023

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Speaking in Ireland, Mr Trump described Judge Kaplan as a “rough judge”.

“He doesn’t like me very much, he was appointed by Bill Clinton,” he said.

“It’s a disgrace but we have to do it, it’s a part of life.

“It’s a fake claim like all the other claims, just like ‘Russia Russia Russia’.”

He claimed Ms Carroll was a “Democrat” and that the lawsuit was a “political scam”.

“Because of that I have to leave Ireland and I have to leave Scotland where I have great properties, I have to leave early.

“I don’t have to but I choose to.”
 
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Court resumes for day seven of Trump rape defamation trial​

Donald Trump’s civil rape and defamation trial has resumed in Manhattan on Thursday.

The jury is being played excerpts from Mr Trump’s deposition.

It’s unclear whether Judge Lewis Kaplan has been informed of Mr Trump’s comments to reporters in Ireland where he claimed he was returning to New York to “confront” E Jean Carroll.

 

Speaking in Ireland, Mr Trump described Judge Kaplan as a “rough judge”.

“He doesn’t like me very much, he was appointed by Bill Clinton,” he said.

“It’s a disgrace but we have to do it, it’s a part of life.

“It’s a fake claim like all the other claims, just like ‘Russia Russia Russia’.”

He claimed Ms Carroll was a “Democrat” and that the lawsuit was a “political scam”.

“Because of that I have to leave Ireland and I have to leave Scotland where I have great properties, I have to leave early.

“I don’t have to but I choose to.”

His shtick is soooo old- same ol same ol-- yawn
witch hunt, fake, hoax, and on and on
 
... and when the judge tells him that the time for T to have informed the court that he intended to testify has passed, then T will whine that he had massive proof Carroll was lying, the biggest proof in the world, but the court wouldn't even let him testify.
The rules have never applied to him before, why start now? I'm sure he is 100% convinced he will get away with this as he has everything else in the past.
 
Video:


A vexed Trump told assembled reporters on Thursday that he had to leave Ireland and Scotland early to return to New York to “confront” Carroll, who he called a “disgrace,” and Judge Kaplan, who he called “extremely hostile”:

“I have to leave Ireland and I have to leave Scotland where I have great properties. I have to leave early. I don’t have to, but I choose to. Will you attend the trial? Mr. President, I’m probably attend and I probably will and i think its a disgrace. It’s a disgrace that it’s allowed to happen against a rich guy or in my case, against a famous, rich and political person that’s leading the polls by 40 points. And I have to go back for a woman that made a false accusation about me, and I have a judge who is extremely hostile and I’m going to go back and I’m going to confront this. But this woman is a disgrace and it shouldn’t be allowed to happen in our country. You go to work.”
Translation: He must not be getting enough adoration over there and he’s bored. IMO
 
[Deposition playing for jury]
Trump: I think she's sick, mentally sick.... Didn't she say it was sexy to be raped? Didn't she tell Anderson Cooper that? By the way, rape is not sexy.
Trump, to Roberta Kaplan: You're a political operative too. You're a disgrace.
Q: You called it a hoax, I take it you're saying Ms. Carroll fabricated?
Yes.
[Depo]
Q: You use hoax a lot. Can you give examples?
Trump: Sure. Ukraine. Lying to the FISA court. Lying to Congress - hoax, lying by this scum we have in this country. They spied on my campaign. I could get a whole list of them. This is a hoax too.
[Depo]
Q: Didn't you also refer to the use of mail-in ballots as a hoax?
Trump: Yes.
Q: Don't you vote by mail?
Trump: I do. But I have no idea what happened to it afterwards.
[In depo, Trump is played the Access Hollywood tape]
Trump: "Now she's got the big phony t*ts.. When you're a star, they let you do it. You can do anything. Grab 'em by the p*ssy.... Always good you don't fall out of the bus, remember Gerald Ford? Billy Bush"
[Deposition continues]
Q: You said, You can grab 'em by the p*ssy?
Trump: Historically it's been true. If you look back, at stars.
Q: Are you familiar with Natasha Stoynoff?
Trump. No.
Q: She wrote about you at People magazine?
Trump: She said I was aggressive...
[Depo]
Trump: She wrote a nice story, then came up with this phony charge
Q: Let me show you a video. [On it: Trump: The story about Melania and I, our first anniversary - now 12 years later, she says I made inappropriate advances. Why wasn't it part of the story?
[Depo]
Q: What do you mean by, Would not be my first choice?
Trump (to Roberta Kaplan) You wouldn't be my first choice either, I hope you're not insulted.

 
@AaronKatersky


Former President Trump will not testify in his own defense at his battery and defamation trial, defense attorney Joe Tacopina told the judge
This is the less damaging of two bad choices for the defendant. If he testified, cross examination would only convince the jury that punitive damages are warranted. The man is not capable of making a truthful statement, and that has been obvious, even to his political base, since before he was elected.

IMHO, EC should be entitled to a missing witness instruction, which would go something like this:

A party is not required to call any particular person as a witness. However, the failure to call a certain person as a witness may be the basis for an inference against the party not calling the witness. For example, in this case the defendant did not testify on the question of whether the events described by the plaintiff occurred as described. The defendant has offered no explanation for his failure to testify in his own defense. You may, although you are not required to, conclude that the defendant's testimony would not support his position disputing that the events described by the plaintiff occurred and would not contradict the evidence offered by the plaintiff on this question and you may, although you are not required to, draw the strongest inference against the defendant on that question, that opposing evidence permits.

[or, if the defendant offers an explanation for his failure to testify:

A party is not required to call any particular person as a witness. However, the failure to call a certain person as a witness may be the basis for an inference against the party not calling the witness. For example, in this case the defendant did not testify on the question of whether the events described by the plaintiff occurred as described.The defendant has explained that he is playing golf in Scotland and attending this case is not a priority for him because he believes the plaintiff's evidence to be incredible on its face. If you find that this explanation is reasonable, then you should not consider the failure to testify in evaluating the evidence. If, however, you find the explanation is not a reasonable one, you may, although you are not required to, conclude that the defendant's testimony would not support his position disputing that the events described by the plaintiff occurred and would not contradict the evidence offered by the plaintiff on this question and you may, although you are not required to, draw the strongest inference against the defendant on that question, that opposing evidence permits.

All MOO.
 
Counsel: What did you do with E. Jean Carroll at that time?
Martin: What I call aging women things - lots of lunches, comedy clubs, things we liked to do.
Counsel: Did Ms. Carroll tell you about Bergdorf Goodman?
Martin: Yes. We went from the studio to my house.
Counsel: Did you think?
Martin: Something and I'm not exactly sure what.
Counsel: What did Ms. Carroll say?
Martin: She said, Trump attacked me.
Counsel: Did you know who she meant?
Martin: There is only only Trump I knew. Part of the landscape.
Counsel: Was she crying?
Martin: No. But she was upset, frenzied.
Counsel: Did you touch E. Jean?
Martin: We hugged. It was disconcerting.
Counsel: Did Ms. Carroll say what she planned to do?
Martin: She said she'd called Lisa Birnbaum and said, go to the police
Martin: I told her Donald Trump has a lot of attorneys and he would bury her... Then when she told me she was dedicating the book to me and Lisa, for "keeping the covenant." She said -
Tacopina: I have to object.
Judge Kaplan: Overruled
Counsel: Did Ms Carroll give you a draft?
Martin: Yes, at a dinner on the Upper West Side also with Lisa & her husband Michael. She brought 11 pages.
Counsel: Did you discuss it?
Martin: No. I didn't read it right away.
Counsel: Did you plan to come forward?
No.
Martin: It was 2019, I was worried about the climate of the country, security, so were members of my family.
Counsel: Did you later agree to be identified?
Martin: Yes. On the NYT's The Daily podcast.
Counsel: Still concerned about security?
Martin: Yes.
Counsel: Do you like Donald Trump?
Martin: Not particularly. My world view is very different. And some in his party.
Counsel: Are you testifying because of your political views?
Martin: No.
Counsel: Did you have to give a deposition?
Martin: Yes.
Counsel: Why are you here today?
Martin: To recount what my friend told me in 1996, I believed it then and I believe it now-
Tacopina: Objection. It's inappropriate and should be stricken.
Judge Kaplan: I'll strike that last sentence. We'll break for 15 minutes

 
Cross:

They've back. But before jury comes in:
Judge Kaplan: I understand the media wants access to the exhibits. Talk to the parties... [But they've said no]
Jury entering!
Judge Kaplan: Mr. Tacopina?
Tacopina: Ms. Martin, you have donated some ten times to liberals?
Martin: Yes... Small donations.
Tacopina: You turned over some texts and emails in discovery?
Martin: Yes.
Tacopina: I'm going to discuss a few of them with you. We'll go one by one.
Martin: I want the addresses out...
[Note on Press access - this focus on keeping email addresses from the public bodes badly to getting the exhibits in this case, for which an anonymous jury has been ordered. In Bankman-Fried case, Inner City Press (& others) got unsealing:

 
Continued…

Tacopina: Let's look at these exhibits --
Judge Kaplan: Why don't you just ask if she has said these things?
Tacopina: I want to ask. Ms. Martin, did you say this man is spreading his stank all over?
Martin: Sounds like me.
Tacopina: Here you are writing about Ivanka Trump at the G20 meeting, you say how can they sit there and quote Charles Blow's tweets - yes?
Martin: That's how I felt.
Tacopina: You called them the two junior grifters - who are they?
Martin: Ivanka and Jared
Tacopina: Ms. Martin, what is a scheme?
Martin: To put together a plan.
Tacopina: A secret?
Martin: Not necessarily. This was right after the election of Mr. Trump. This was a typical conversation.
Tacopina: Ms. Carroll said, I have something special for you
Martin: I think she was referring to the stuffed squirrel she gave as a gift.
Tacopina: When did you think of that?
Martin: I don't know.
Tacopina: I'm going to go to the deposition --
Roberta Kaplan: Objection your Honor


Cross is going nowhere. Moo.
 
[Deposition playing for jury]
Trump: I think she's sick, mentally sick.... Didn't she say it was sexy to be raped? Didn't she tell Anderson Cooper that? By the way, rape is not sexy.
Trump, to Roberta Kaplan: You're a political operative too. You're a disgrace.
Q: You called it a hoax, I take it you're saying Ms. Carroll fabricated?
Yes.
[Depo]
Q: You use hoax a lot. Can you give examples?
Trump: Sure. Ukraine. Lying to the FISA court. Lying to Congress - hoax, lying by this scum we have in this country. They spied on my campaign. I could get a whole list of them. This is a hoax too.
[Depo]
Q: Didn't you also refer to the use of mail-in ballots as a hoax?
Trump: Yes.
Q: Don't you vote by mail?
Trump: I do. But I have no idea what happened to it afterwards.
[In depo, Trump is played the Access Hollywood tape]
Trump: "Now she's got the big phony t*ts.. When you're a star, they let you do it. You can do anything. Grab 'em by the p*ssy.... Always good you don't fall out of the bus, remember Gerald Ford? Billy Bush"
[Deposition continues]
Q: You said, You can grab 'em by the p*ssy?
Trump: Historically it's been true. If you look back, at stars.
Q: Are you familiar with Natasha Stoynoff?
Trump. No.
Q: She wrote about you at People magazine?
Trump: She said I was aggressive...
[Depo]
Trump: She wrote a nice story, then came up with this phony charge
Q: Let me show you a video. [On it: Trump: The story about Melania and I, our first anniversary - now 12 years later, she says I made inappropriate advances. Why wasn't it part of the story?
[Depo]
Q: What do you mean by, Would not be my first choice?
Trump (to Roberta Kaplan) You wouldn't be my first choice either, I hope you're not insulted.

Did…did he literally just tell a female lawyer she’s too ugly to rape?
 

In each instance, Trump implied that he didn’t find his accuser physically attractive, and he acknowledged that implication in the video.

In Carroll’s case, Trump said: “She’s not my type,” but the jury saw that claim take a hit when Trump mistook Carroll with his ex-wife Marla Maples in the video.

“That’s Marla, yeah,” Trump could be seen commenting, apparently referring to Carroll. “That’s my wife.”

The photograph, seen in the deposition, showed Trump, Carroll, and then-spouses Ivana Trump and John Johnson. Trump was referring to the woman standing next to Johnson, who was Carroll.

As an afterthought, Trump claimed the photograph was “blurry.”

Jumping at the error, Carroll’s attorney Roberta Kaplan asked Trump: “I take it the three women you married are all your type?”

Trump answered in the affirmative.

No fewer than four times, Trump has been seen by jurors disparaging the attractiveness of women who appeared in court. In another video, Trump said of Leeds: “She would not be my first choice.”

At a rally, Trump jeered Stoynoff to a roaring crowd by saying: “Look at her. Look at her words. You tell me. What do you think? I don’t think so.”

The fourth woman who’s appearance Trump disparaged was Carroll’s lawyer: Kaplan.

“You wouldn’t be a choice of mine, either, to be honest,” he said during the deposition. “I hope you’re not insulted.”

“I wouldn’t, in any circumstances, have any interest in you,” Trump added.
 
I remember when the access hollywood tape came out. I had gone to meet a friend a a theater and I recall hearing about it, and hearing the actual audio played on the radio, and just sitting in my car, crying. IIRC, he was running for the nomination at that point and I remember feeling just totally deflated and sad. Part of me is sad that I gave him any power to upset me like that, but a bigger part of me knows that's not it at all. That tape is triggering to me, and reminds me of when I knew for sure we were heading in a different direction in this country.
 

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