NY – Ex POTUS Donald Trump, sued by E. Jean Carroll for defamation, Trial 15 Jan 2024

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Hopefully trial will resume today...

Thursday, January 25th:
*Trial continues (Day 5) (@ 9:30am ET) - New YorkE. Jean Carroll vs. Donald John Trump. Amended complaint against Trump seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall on 5/10/23.
U.S. District of Manhattan 1:20-cv-07311/defamation suit/1:22-cv-10016/damages
U.S. District Judge Lewis A. Kaplan presiding. Trump’s attorneys Alina Habba & Michael T. Madaio. Carroll’s attorneys Roberta Kaplan & Shawn Crowley.
These defamation charges were postponed by Judge Lewis Kaplan on 3/30/23. Carroll's first defamation lawsuit against Trump was filed in November 2019. But that case has been put on hold while Trump argues that a federal law protects him from being sued for defamation for comments he made while president. And was amended to Trump’s comments made on 5/10/23.
Trial began on 1/16/24 with jury selection. 9 jurors selected.

Case info from 5/22/23 thru 1/16/24 & Trial Day 1-4 (1/16-1/19/24) reference post #144 here:
https://www.websleuths.com/forums/t...or-defamation-trial-15-jan-2024.690440/page-8

1/21/24 Update: Carroll’s lawyers notified the court tonight that they intend seek additional damages for statements Trump made over the weekend about Carroll.
1/22/24 Monday, Trial Day x: Judge Kaplan: Juror 3 reported that he was ill. Rather than risk him coming together & having contact with you, we sent him home. He will COVID test today & report - we will not take testimony today. 1 or 2 of the lawyers are negative after test. Kaplan has canceled testimony for the day. Trump lawyer Alina Habba said she wasn't feeling well after having been exposed to Covid from one or both of her parents & her co-counsel, Michael Madaio, also was feeling under the weather. In court, Trump stood between Habba & Madaio, and none of them were wearing masks. If no one has Covid, the court is expected to resume tomorrow at 9:30am. Habba has asked that Trump be able to testify Wednesday, 1/24/24 instead of tomorrow because of the New Hampshire Republican presidential primary & Kaplan said he would consider her request. No trial on 1/24/24.
For more info see post #152 (article) here:
https://www.websleuths.com/forums/t...or-defamation-trial-15-jan-2024.690440/page-8
Trial continues on Thursday, 1/25/24.
 
Donald Trump repeatedly attacked his accuser E. Jean Carroll on his Truth Social platform overnight Wednesday, just hours before the writer’s second defamation trial against him was set to resume in a New York courtroom.
Trump shared a mix of 37 videos, tweets, news articles and rants over two hours. It followed a similar pattern to previous online rampages by the four-times-indicted ex-POTUS.


 
Donald Trump repeatedly attacked his accuser E. Jean Carroll on his Truth Social platform overnight Wednesday, just hours before the writer’s second defamation trial against him was set to resume in a New York courtroom.
I am curious to know what the consequences will be for continuously defaming someone whilst being tried for defaming someone?

Will it become a more serious penalty at some point?
 
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Donald Trump repeatedly attacked his accuser E. Jean Carroll on his Truth Social platform overnight Wednesday, just hours before the writer’s second defamation trial against him was set to resume in a New York courtroom.
Trump shared a mix of 37 videos, tweets, news articles and rants over two hours. It followed a similar pattern to previous online rampages by the four-times-indicted ex-POTUS.



He is clearly out of control! I hate to imagine what international relations could be like if Trump (or any president) indulged in these kinds of rants and online rampages toward leaders of other nations who stood up to him in some way. Fragile egos do not belong in the White House!

JMO
 
I am curious to know what the consequences will be for continuously defaming someone whilst being tried for defaming someone?

Will it become a more serious penalty at some point?
I wouldn't count on consequences of any significance for Trump- he is treated differently- he can obviously do things, get away with things that anybody else would be punished for. We might as well accept it as fact. He may get fined again and again, but he has so much money he doesn't care.
 
He is clearly out of control! I hate to imagine what international relations could be like if Trump (or any president) indulged in these kinds of rants and online rampages toward leaders of other nations who stood up to him in some way. Fragile egos do not belong in the White House!

JMO
During his first presidency there were guardrails in place--- this time around, there are none-- his presidency would be catastrophic for this country and the world.
 
During the trial, a phone rang out, and Kaplan snapped."Whose telephone is that?" he asked sharply, instructing court security officers: "Take this man out of here."

The guy whose cellphone alarm went off in the middle of Carroll v. Trump trial proceedings just before the lunch break? It was Trump's campaign spokesperson, who was quickly booted.

 
They're back.Judge Kaplan: Ms. Habba, do you have any other witnesses?Habba: Yes, President Trump.Judge Kaplan: I have a few things to say

Judge Kaplan: There was a trial last year about the truth or falsity of Ms. Carroll claims. Mr. Trump was listed as a witness but did not testify. The jury found for Ms. Carroll. There are no do-overs, it's called issue preclusion or collateral estoppel.

Judge Kaplan: The jury found that Mr. Trump inserted his fingers into her v*gina. And that Ms. Carroll did not make up her claim. And that Mr. Trump's June 11 and June 22 statements were defamatory. Now Mr. Trump may not make any argument against this
 
Asked to confirm she instructed Trump about those confines, Habba replies: "Yes, your honor."

Q: And you say that because you personally made him aware of those confines?

Trump then speaking loudly to his lawyer: “I never met this woman.”

Kaplan: "Mr. Trump, keep your voice down."

Asked if Trump will say anything other than proffer, Habba remarks she doesn't have a "crystal ball."

Trump pipes up.

Kaplan: “Sorry Mr. Trump, you’re interrupting these proceedings by talking loudly while your counsel is talking.”

When Habba starts talking about what her client has a right to do, Kaplan responds: "Ms. Habba, I will decide what he has the right to do. That’s my job, not yours."
 

“I want to know everything he’s going to say,” Kaplan told Habba, who said Trump would also say that he stood by a deposition in October 2022.

Soon after the announcement by Trump attorney Alina Habba out of the presence of the jury, Trump could be heard saying aloud: “I never met the woman. I don’t know who the woman is. I wasn’t at the trial,”

That comment prompted Kaplan to respond: “I’m sorry Mr. Trump. You’re interrupting these proceedings. ... That is not permitted.”


“I just wanted to defend myself,” he said in testimony that lasted less than three minutes.
 
Asked to confirm she instructed Trump about those confines, Habba replies: "Yes, your honor."

Q: And you say that because you personally made him aware of those confines?

Trump then speaking loudly to his lawyer: “I never met this woman.”

Kaplan: "Mr. Trump, keep your voice down."

Asked if Trump will say anything other than proffer, Habba remarks she doesn't have a "crystal ball."

Trump pipes up.

Kaplan: “Sorry Mr. Trump, you’re interrupting these proceedings by talking loudly while your counsel is talking.”

When Habba starts talking about what her client has a right to do, Kaplan responds: "Ms. Habba, I will decide what he has the right to do. That’s my job, not yours."
He's impaired. If he didn't have people taking care of him left and right he wouldn't be able to clean his clothes, get his own food, or get to court.
 
Judge Kaplan: I hope lunch was better than the cafeteria usually is. Ms. Habba you may call your witness.Habba: Defense calls President Donald Trump... Trump: Donald John Trump.Habba: You viewed your deposition?Trump: I stand by it 100%, yes.

Trump: She said something I considered a false accusation --Roberta Kaplan: Objection!Judge Kaplan: Sustained.Habba: I have no further questions.Judge Kaplan: Cross examination.Roberta Kaplan: There was a trial here, correct?Trump: Yes

Roberta Kaplan: Mr. Trump, is this the 1st trial between you and Ms. Carroll you've attended?Trump: Yes.Roberta Kaplan: No further questions.Habba: Did you have counsel at the previous trial & follow their advice?Trump: Yes.Roberta Kaplan: ObjectionSustained

Habba: No further questions.Judge Kaplan: Jurors, you may go until tomorrow morning, closing arguments. [Jury leaves]
 
Trump takes stand and gives brief testimony in E Jean Carroll trial

Former president says he never instructed anyone to hurt magazine columnist after judge warns him to keep his voice down

Donald Trump took the witness stand in E Jean Carroll’s second defamation trial against him, marking the first time he has provided court testimony relating to her sexual assault claim against him.

Trump’s testimony lasted less than five minutes as the judge in this case, Lewis Kaplan, significantly limited what the ex-president could say in court. In May last year, a jury awarded Carroll $5m after finding that Trump sexually abused and defamed her; Kaplan said jurors’ factual determination in the first proceeding would be accepted at this trial, meaning they are only weighing damages.

[…]

Trump was cut off by Kaplan, who did not allow him to testify about denying the claim.

[…]

This snippet, from an October 2022 deposition, was also played in Carroll’s first trial against the ex-president.[…]

Kaplan continues: “You’re saying Marla is in this photo?”

Trump replies: “That’s Marla, yeah. That’s my wife.”

Habba then steps in and tries to correct Trump, but he still struggles to identify the woman in the photo.

“Which woman are you pointing to?” Trump is asked.

“No, that’s Carroll,” Habba says.

Trump says: “Oh, I see.”

“The person you just pointed to was E Jean Carroll,” Kaplan notes.

“That’s your wife,” Habba corrects.

“And the person – the woman on your right was –” Kaplan presses.

Trump says: “I don’t know. This was the picture. I assume that’s John Johnson.”

“That’s Carroll,” Habba notes.

“That’s Carroll?” Trump asks.

Carroll’s team rested after presenting these exhibits.

[…]

 
Trump provided a rapid-fire testimony in New York defamation trial

[…]

Judge Kaplan said the first trial established the facts and the only issue remaining was how much Mr Trump must pay Carroll, if anything.

He left no room for the current Republican presidential frontrunner to go beyond the agreed terms, making it impossible for him to launch into a monologue or to campaign from the witness stand.

It's perhaps a lesson learned from one of Mr Trump's other legal battles, of which there are many. In a New York civil fraud trial earlier this month, Mr Trump was initially told he could not give his closing argument. The judge in that case asked whether Mr Trump would keep it short and stick to the matters of the case. […]

The defamation trial on Thursday gave the 77-year-old a far shorter leash.

[…]

And with that, the testimony was over, but by no means was Mr Trump done speaking his mind. As he gruffly left the courtroom, a reporter with WCBS heard Mr Trump complaining: "It's not America. This is not America".

[…]

The defamation trial will resume on Friday at 09:30 ET (14:30 GMT) with closing arguments. It is not yet known if Mr Trump will attend.

 
"This is not America" - I presume Mr Trump means that he is being treated incredibly unjustly, by not being allowed to say whatever he wants, whenever he wants, and for as long as he wants. Never mind that everyone else in the country has to obey the rules of the judge and the court. I'm just waiting for him to say "Don't you know who I am?" Unbelievable, and unbelievably childish.
 
Friday, January 26th:
*Trial continues (Day 6)-CLOSING ARGUMENTS! (@ 9:30am ET) - New YorkE. Jean Carroll vs. Donald John Trump. Amended complaint against Trump seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall on 5/10/23.
U.S. District of Manhattan 1:20-cv-07311/defamation suit/1:22-cv-10016/damages
U.S. District Judge Lewis A. Kaplan presiding. Trump’s attorneys Alina Habba & Michael T. Madaio. Carroll’s attorneys Roberta Kaplan & Shawn Crowley.
These defamation charges were postponed by Judge Lewis Kaplan on 3/30/23. Carroll's first defamation lawsuit against Trump was filed in November 2019. But that case has been put on hold while Trump argues that a federal law protects him from being sued for defamation for comments he made while president. And was amended to Trump’s comments made on 5/10/23.
Trial began on 1/16/24 with jury selection. 9 jurors selected. State & Defense rested their cases on 1/25/24. Closing arguments on 1/26/24.

Case info from 5/22/23 thru 1/16/24 & Trial Day 1-4 (1/16-1/19/24) & thru 1/24/24 reference post #181 here:
https://www.websleuths.com/forums/t...r-defamation-trial-15-jan-2024.690440/page-10

Additional info: 1/24/24 Update: After a juror tested positive for COVID, the case was delayed & it isn’t scheduled to resume until Thursday.
1/25/24 Thursday, Trial Day 5: State witness: Former Elle editor, Roberta Myers. Carroll’s team presented a handful of exhibits to jurors, including a television appearance in which Trump repeated a denial & an excerpt of an April 2023 video deposition in which he described his wealth. State rested their case.
Defense witnesses: Carol Martin, a friend of Carroll’s. Donald J. Trump. Defense rested their case.
Habba asked for a directed verdict in Trump’s favor, saying Carroll’s side hadn’t proven its case. Kaplan denied the request. Trump was the last witness & closing arguments are set for Friday.
For more info see post #192 & 196 (articles) here:
https://www.websleuths.com/forums/t...r-defamation-trial-15-jan-2024.690440/page-10
Trial continues on Friday, 1/26/24.
 

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