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

[Stunned]

I think it may be time for Trump to pay the piper.

His supporters need to stop paying his piper! IMO

 

[JerseyGirl]

Why Trump will be under pressure to attend rape lawsuit trial

The defamation trial against the former president will begin on April 25, with questions remaining on whether he will attend the New York proceedings in person.

www.newsweek.com

Tre Lovell, Los Angeles corporate and libel law attorney, suggested there are a number of reasons why Trump may decide or be persuaded to attend the defamation trial, and that his lack of attendance could potentially harm him.

"First, he can assist his attorneys. As Carroll's lawyers call witnesses, Trump can provide insight on their testimony that may help his attorney during cross-examination, as well as add insight on evidence that may be introduced," Lovell told Newsweek.

"In addition, through his presence, the jury becomes acquainted with him daily, and that may help in deliberations. Familiarity is always beneficial.

"If he is absent, the jury may get the impression that he doesn't care enough about the case to show up, which sometimes can give them an adverse impression. Attorneys can often mitigate this negative impression by explaining why a party is not there, or have the party show up on the first day to meet the jury, and then be absent afterward," Lovell added.

Trump's lawyer Joe Tacopina confirmed to Newsweek no decision had been made yet as to whether the former president will attend the New York civil trial.

 

[JerseyGirl]

Trump loses bid to delay civil rape trial, is reminded of legal troubles instead

The judge in E. Jean Carroll’s civil rape and defamation trial held firm to the April 25 start date, smacking down the former president's latest delay attempt.

www.msnbc.com

Judge Lewis Kaplan of the Southern District of New York swiftly rejected that argument on Monday. Among other things, Kaplan observed that Trump’s situation could get even worse over time. He noted that the 2024 Republican presidential candidate “faces a number of criminal and civil investigations and litigation,” listing the Justice Department's special counsel investigations into Jan. 6, 2021, and classified documents at Mar-a-Lago, the Georgia election interference investigation, and New York Attorney General Letitia James’ civil fraud suit.

The judge also rejected Trump’s offensive comparison of the alleged facts of his pending criminal case to the alleged facts in Carroll's suit, in support of his "cooling off" request. Trump had tried to compare the allegation that he slept with Daniels (which he has denied) and the allegation that he raped Carroll (which he has denied) as both involving alleged sexual misconduct.

As Kaplan explained, there are multiple things wrong with Trump’s argument. First, the criminal case doesn’t actually turn on whether Trump had sex with Daniels, but rather whether he falsified business records in covering up the hush payment. And second, the hush money was paid to Daniels to cover up an alleged consensual affair, not rape as Carroll has alleged.

In any event, Kaplan made clear that the questioning of prospective jurors about their awareness of, as the judge put it, Trump’s “various legal troubles — past, present and perhaps future" — will ensure a fair jury for trial. “Thus,” Kaplan wrote, “the effect of granting Mr. Trump’s requested postponement would not be to take the New York State charges off the table with respect to jury selection. It would be only to postpone that discussion.”

The judge also didn’t let Trump off without noting that “at least some portion of the recent media coverage of Mr. Trump’s indictment was of his own doing,” citing the former president's statements on social media and in news conferences and interviews related to the indictment.

 

[Sillybilly]

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[sds71]

https://twitter.com/x/status/1648769547573383168

https://twitter.com/x/status/1648795085956325376

 

[JerseyGirl]

https://twitter.com/x/status/1648769547573383168

https://twitter.com/x/status/1648795085956325376

Trump could testify in person at E. Jean Carroll civil rape trial

In a letter to the judge presiding over the case, Joe Tacopina said Trump won't come to court "unless and until he is called by either party to testify.”

www.nbcnews.com

Tacopina asked Manhattan federal court Judge Lewis Kaplan to tell jurors, "While no litigant is required to appear at a civil trial, the absence of the defendant in this matter, by design, avoids the logistical burdens that his presence, as the former president, would cause the courthouse and New York City. Accordingly, his presence is excused unless and until he is called by either party to testify.”

Trump 'wishes' to attend rape accuser's trial: lawyer

Donald Trump wants to attend a trial involving the writer E Jean Carroll, who has accused him of...

www.canberratimes.com.au

Roberta Kaplan, a lawyer for Carroll, called Trump's argument "frivolous" in a letter to the judge, to whom she is not related.

"The notion that Mr Trump would not appear as some sort of favour to the City of New York - and that the jury should be instructed as much - taxes the credulity of the credulous," she wrote.

Carroll's lawyer said if Trump could find time in April to attend a UFC wrestling event and a National Rifle Association meeting, and make a planned New Hampshire campaign stop two days after jury selection is to begin, "surely he could surmount the logistics of attending his own federal trial".

Trump has until Thursday to advise whether he plans to attend at all.

 

[JerseyGirl]

Trump could testify in person at E. Jean Carroll civil rape trial

In a letter to the judge presiding over the case, Joe Tacopina said Trump won't come to court "unless and until he is called by either party to testify.”

www.nbcnews.com

In a letter to the judge later Wednesday, Carroll's lawyer signaled they were not planning to call Trump as a witness, and that his taped deposition should suffice.

Roberta Kaplan said her client “has a right to play Donald Trump’s deposition at trial” and that there's “no need for him to testify live.”

Trump has denied the rape claim and repeatedlyinsulted Carroll during his October deposition, calling her a “whack job” who’s “not my type.” He also mistook a picture of Carroll from the 1990s as being a photo of his former wife Marla Maples, according to deposition excerpts that were unsealed in January.

 

[JerseyGirl]

Trump Seeks to Raise Rape Accuser’s Sexual History at Trial

(Bloomberg) -- The New York author who claims Donald Trump raped her in the 1990s said she found out he intends to submit evidence at trial regarding her “sexual predisposition” in violation of court rules, while the former president signaled he won’t be there in person.Most Read from...

news.yahoo.com

E. Jean Carroll’s lawyers learned last week that Trump’s legal team plans to show the jury excerpts of her deposition that would “squarely” break rules against introducing evidence that’s intended to “prove that a victim engaged in other sexual behavior” or to show their “sexual predisposition,” Carroll’s attorney Roberta Kaplan said in a filing Wednesday in Manhattan federal court.

Kaplan filed details of the disputed evidence separately under seal. The federal rules of evidence are intended to prevent “embarrassment for victims of sexual assault or otherwise publicly reinforce offensive sexual stereotypes about them,” Kaplan wrote.

 

[sds71]

@KlasfeldReports


New — Trump can skip E. Jean Carroll's trial, but for now, he can't tell jurors that's to spare New Yorkers the "alleged burdens" logistically caused by his presence, a federal judge ruled.

https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.125.0_1.pdf

 

[JerseyGirl]

Judge refuses to tell jury in Trump civil rape trial that former president is 'excused'

A federal judge in the civil rape trial of former President Donald Trump said that his request for special jury instructions in the case is “premature.”

news.yahoo.com

A federal judge in the civil rape trial of former President Donald Trump said that his request for special jury instructions in the case is “premature” in a filing Thursday.

The response from U.S. District Judge Lewis Kaplan in Manhattan, who is presiding over the trial stemming from writer E. Jean Carroll’s lawsuit, came a day after Trump’s lawyer sent the judge a letter indicating the former president might take the witness stand in the trial, but it would be too difficult for him to attend the entire trial for logistical reasons tied to his former office.

Kaplan responded that the court does not accept Trump’s counsel’s “claims concerning alleged burdens on the courthouse or the City” if Trump were to testify at trial. The judge noted that Trump is under no legal obligation to be present or testify, and that Carroll’s counsel has signaled that they were not planning to call Trump as a witness.

Kaplan also cited Trump’s upcoming travel to a campaign event in New Hampshire on the third day of the scheduled trial, while pointing out that Trump is entitled by law as a former president to have Secret Service protection, and that additional security measures can be provided as well.

“If the Secret Service can protect him at that event, certainly the Secret Service, the Marshals Service, and the City of New York can see to his security in this very secure federal courthouse,” Kaplan wrote.

Kaplan also noted that Trump was notified of the April 25 start date of the trial since on or about Feb. 7, giving the former president “quite ample time within which to make whatever logistical arrangements should be made for his attendance.” The judge said that it’s “quite a bit more time” than he was given ahead of his recent historic indictment by a Manhattan grand jury in a case involving hush money payments made during his 2016 presidential campaign.

Kaplan concluded that Trump’s request for special jury instructions is “premature.”

“Mr. Trump is free to attend, to testify, or both. He is free also to do none of those things,” Kaplan wrote. “Should he elect not to appear or testify, his counsel may renew the request.”

“In the meantime, there shall be no reference by counsel for Mr. Trump in the presence of the jury panel or the trial jury to Mr. Trump’s alleged desire to testify or to the burdens that any absence on his part allegedly might spare, or might have spared, the Court or the City of New York,” Kaplan added.

In a letter to the judge later Thursday, Tacopina said that whether Trump appears or not will likely be a game-time decision.

 

[JerseyGirl]

It’s behind a paywall but it appears Trump hired another attorney to this case:

Donald Trump on Thursday tapped a former Bryan Cave Leighton Paisner LLP attorney for his upcoming rape trial…

Trump Taps Ex-BCLP Lawyer For Upcoming Rape Trial - Law360

Donald Trump on Thursday tapped a former Bryan Cave Leighton Paisner LLP attorney for his upcoming rape trial as the federal judge in Manhattan overseeing the case denied the former president's request for a jury instruction that would explain away his absence from the trial.

www.law360.com

 

[sds71]

Joe Tacopina has a new request in the E. Jean Carroll case, again trying to revisit an issue Judge Lew Kaplan has already decided. The subject? Whether Trump's forced kissing of another woman after pushing her against a wall is enough to warrant her testimony.

p.s. Carroll’s lawyers have responded. Not only is the ruling Trump seeks to clarify months old & past the deadline for motions for reconsideration, but it ignores that his forcibly kissing the witness, behind closed doors, could be construed as attempted sexual assault

https://twitter.com/x/status/1650192368149188612

 

[JerseyGirl]

Joe Tacopina has a new request in the E. Jean Carroll case, again trying to revisit an issue Judge Lew Kaplan has already decided. The subject? Whether Trump's forced kissing of another woman after pushing her against a wall is enough to warrant her testimony.

p.s. Carroll’s lawyers have responded. Not only is the ruling Trump seeks to clarify months old & past the deadline for motions for reconsideration, but it ignores that his forcibly kissing the witness, behind closed doors, could be construed as attempted sexual assault

https://twitter.com/x/status/1650192368149188612

The lawyers for E. Jean Carroll issued a response to a request from Donald Trump that the judge presiding over their case, "clarify" one of his previous demands. Carroll's lawyer explained it's more like "reconsider."

Trump previously asked that Carroll be forced to nix Natasha Stoynoff from their list of possible witnesses. She is one of several other women that alleged Trump forcibly kissed them or physically assaulted them. Judge Lewis Kaplan already dismissed his claim. So, Trump sent another letter asking for "clarification."

Carroll lawyers issue legal smackdown dismantling Trump's plea to keep woman he allegedly forcibly kissed off stand

The lawyers for E. Jean Carroll issued a response to a request from Donald Trump that the judge presiding over their case, "clarify" one of his previous demands. Carroll's lawyer explained it's more like "reconsider." Trump previously asked that Carroll be forced to nix Natasha Stoynoff from...

www.rawstory.com

 

[TootsieFootsie]

Mr Trump, don't you understand that "No" means Nooooo!

 

[Stunned]

Mr Trump, don't you understand that "No" means Nooooo!

Apparently no. IMO

 

[Niner]

Wondering IF he will show up tomorrow....

 

[TootsieFootsie]

Wondering IF he will show up tomorrow....

I think he might call in sick.

 

[Stunned]

I think he might call in sick.

I believe he is the healthiest man alive. Ask him! IMO

 

[JerseyGirl]

Trump's rape trial brought by E. Jean Carroll starts Tuesday in Manhattan. The case centers around accusations from the 1990s

Trump denied E. Jean Carroll's rape accusations to the press, saying the Elle columnist fabricated the claims for her memoir. She sued for defamation.

www.businessinsider.com

"This 'Ms. Bergdorf Goodman case' is a complete con job," Trump said in an October post on Truth Social. "It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years."

US District Judge Lewis A. Kaplan will preside over the trial in Manhattan federal court, which is expected to last five to seven days. Carroll is asking for Trump to retract his statements and for a jury to award her unspecified compensatory and punitive damages.

It's still unclear whether Trump will attend the trial in person. His lawyer had complained about the logistical nightmare Trump's attendance would be for the city and the courthouse, and asked that the judge excuse his presence to the jury — but the judge said he would give Trump no such hall pass.

In court filings, Carroll's attorneys said their client plans to be present throughout the trial.

In a somewhat rare move, the judge ordered that the jury in the case will be anonymous, meaning their names will not even be shared with the lawyers, and they will be ferried to the court every day by US Marshals from a secret location.

Kaplan made this decision after expressing concerns that jurors could face "harassment or worse" from Trump and his supporters.

When Carroll first went public with this story, Trump denied it in a statement claiming he had "never met this person in my life" — despite the fact that Carroll's essay includes a picture of her and Trump socializing at a party in the late 1980s.

Trump continued to downplay Carroll's claims in two interviews, calling it a "totally false accusation" and saying Carroll is "not my type." These three statements formed the basis of Carroll's first defamation lawsuit against Trump, 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.

Carroll filed a second lawsuit against Trump last year after New York passed a law temporarily allowing the filing of sexual assault lawsuits in cases where the statute of limitations had previously expired.

That case, which is the one headed to trial, includes complaints for battery, for the alleged rape; and a second act of defamation, for Trump's comments on Truth Social in October.

 

[Niner]

Anyone know what time it starts tomorrow? 9am?

TIA!