Alina Habba, the attorney representing former President Donald Trump, has submitted a legal argument against the requirement for Trump to provide testimony under oath.
Defamation Case Against Trump
Habba’s submission, made on Sunday, is part of the ongoing defamation lawsuit filed by E. Jean Carroll against Trump.
Upcoming Trial
Trump is set to face a second defamation trial initiated by Carroll, a former columnist for Elle magazine, with proceedings commencing on January 16. This trial will determine the extent of damages Trump is required to pay.
Previous Civil Trial
In a civil trial concluded last May, Trump was found liable for defaming and sexually abusing Carroll, resulting in a $5 million award.
“Verdict is a Disgrace”
Following the court’s decision, Trump remarked, “This verdict is a disgrace. It is a continuation of the greatest political witch hunt in history.”
Trump’s No-Testimony Decision
Trump provided a deposition under oath but chose not to testify in person in the Manhattan federal court, and his defense team did not present a case.
5 Million in Damages
The court ordered Trump to pay $3 million for the defamation allegation and a further $2 million for the sexual assault claim.
First Time Trump Faced Consequence
This case was the first time sex abuse allegations had legal consequences for Trump, who is seeking a second term in the White House.
Carroll Now Seeks $10 Million
Carroll is now seeking $10 million in damages, stemming from Trump’s denial of her accusations of sexual assault dating back to the 1990s.
“Not my Type”
In 2019, Trump dismissed Carroll’s claims by stating she was “not my type,” implying that her allegations were fabricated.
Guidelines for Testimony
On Friday, Roberta Kaplan, Carroll’s attorney, requested that U.S. District Court Judge Lewis Kaplan institute specific guidelines for Trump’s testimony and conduct. This request was made in light of the former president’s prior behavior during his New York civil fraud trial.
Legal Team Demands Trump’s Oath
The legal team for Carroll has insisted on Trump acknowledging under oath his understanding of the court’s established findings and adhering to the limitations set for his courtroom behavior.
Anticipated Testimony
The request from Carroll’s legal team regarding Trump’s conduct was based on the expectation that the former president would provide testimony during the jury trial, attendance at which is not obligatory for him.
Trump Should Not Testify Under Oath
Responding to these requests, Habba, in a letter on Sunday to Judge Kaplan, outlined her reservations about the proposals and emphasized that “President Trump cannot and should not be made to testify under oath in any particular affirmative manner.”
Legal Analyst’s Observation
MSNBC legal analyst Lisa Rubin commented on Habba’s response, noting the absence of a commitment from Trump’s side to comply with court orders.
Trump Accuses Others of Unlawful Persecution
Rubin said, “She [Habba] insists ‘President Trump cannot and should not be made to testify under oath in any particular affirmative manner.’ Again and again, Trump accuses others of unlawful persecution while he flouts the rules by which every other American plays.”
Request Denied
While Trump has expressed his intention to attend the trial, Judge Kaplan denied his last week’s request to postpone it due to personal reasons. The trial is scheduled to proceed on January 16.
Criminal Cases Against Trump: An Overview
The Republican front-runner is also facing four criminal cases, including hush money, election subversion, and mishandling classified records after leaving the presidency.
Hush Money Case
The hush money case involving former President Donald Trump centers around alleged payments made to two women, Stormy Daniels, and Karen McDougal, in an attempt to prevent them from publicly discussing their alleged affairs with Trump during his presidential campaign.
Trump was charged with 34 felony counts in the case, and the trial is scheduled to commence on March 25, 2024.
Georgia Election Subversion
The Georgia case involves allegations of Trump’s efforts to overturn the state’s 2020 election results. Trump was indicted in August and faces 13 counts related to this matter.
Mishandling of Classified Records
Trump has also been charged with 40 felony counts related to the alleged mishandling of classified documents, obstructing justice, and making false statements. The trial is set to commence later in 2024.
Accused of Interference
Trump is accused of participating in a scheme to interfere with the peaceful transfer of power after he lost the 2020 election to now-President Joe Biden.
Trump’s Alleged Role in the Capitol Attack
The indictment alleges that Trump knowingly spread false claims of widespread election fraud, which contributed to the January 6, 2021, attack on the Capitol.
Trump faces four counts in this case, and the scheduled trial date is March 4, 2024. The former president has pleaded not guilty in all cases.
More from AllThingsFinance: Court Finally Unseals Secretive Case of Jan 6 Offender
Samuel Lazar sentenced for Jan. 6 insurrection; previously confidential case now revealed: Court Finally Unseals Secretive Case of Jan 6 Offender
Jack Smith continues pushing Judge Cannon, reminding her that “the speedy trial clock” is ticking
Jack Smith urges Judge Aileen Cannon for a speedy trial in a classified documents case involving ex-President Trump: Jack Smith continues pushing Judge Cannon, reminding her that “the speedy trial clock” is ticking
Defamation lawsuit against Kari Lake advances while people compare her to Rudy Giuliani
Kari Lake loses First Amendment right to accuse Maricopa County recorder; Arizona Republic ponders if she’s channeling Rudy Giuliani in her sleep : Defamation lawsuit against Kari Lake advances while people compare her to Rudy Giuliani
More Democrats are flipping in a crucial swing state than Republicans
- In Pennsylvania, a significant number of registered Democrats flipping is sending an unflattering signal to President Biden: More Democrats are flipping in a crucial swing state than Republicans
