In an unusual courtroom scenario, Donald Trump found himself with just a few minutes to testify in E. Jean Carroll’s active defamation case against him.
Silent Witness
It’s been a rare occasion where so many — journalists, legal experts, and the general public — have waited with such anticipation, only to hear Donald Trump deliver so few words.
Facing the Microphone
At the second E. Jean Carroll defamation trial in the Manhattan federal court on Thursday, Trump, the leading Republican, faced the microphone on the witness stand.
Under Judicial Scrutiny
The judge, known for maintaining strict control, allowed Trump just four questions during his direct testimony, limiting his time on the stand to roughly three minutes. This included a brief period for cross-examination and re-direct.
Sticking to His Story
Upon taking the stand and swearing in, Trump’s lawyer, Alina Habba, questioned him about his adherence to his October 19, 2022 deposition statements. Earlier that day, the jury heard parts of this deposition, where Trump refuted Carroll’s rape accusations, stating she was ‘not my type.’
Trump confirmed this with a ‘100% yes,’ his voice blending assurance and displeasure.
Interrupted Answers
When Habba asked her second question, inquiring why Trump denied Carroll’s allegations during his deposition, Trump began to answer, “Yes. She said something I considered a false accusation—”
But was interrupted. US District Judge Lewis Kaplan, overseeing the trial and also the 2023 rape defamation case with a $5 million verdict, struck the rest of his statement.
Trump’s Cut-Short Defense
Similarly, the judge interrupted Trump’s answer to Habba’s third question, which asked if he intended to ‘hurt’ Carroll in June 2019. Carroll’s lawyers argue that Trump’s actions led to her defamation by his supporters, demanding substantial financial compensation.
Restricted Replies in Court
Trump’s response, ‘No. I just wanted to defend myself and my family and, frankly, the presidency,’ was again cut short, with all remarks following ‘No’ being excluded from the record.
Off-Record Outbursts
Trump, unable to express his side on the stand, took the opportunity outside the jury’s earshot to vehemently declare his innocence and express his frustrations, lamenting, ‘This is not America.’
Repeated Statements
Trump did this on multiple occasions. Three separate times – twice before and once after his testimony – he vocally expressed his dissatisfaction with the treatment he received from both Carroll and the legal system, all unheard by the jurors.
Lawyer Catches Trump’s Mutter
After lunch, Carroll’s attorney, Roberta Kaplan, pointed out to the judge Trump’s barely audible comment about defying the judge’s limits and maintaining his denial of sexual assault.
Capturing Under-Breath Remarks
Lawyer Kaplan said, “Mr. Trump said under his breath that he will still deny it.” As Trump’s lead lawyer, Alina Habba, attempted to interject, the judge promptly silenced her.
“If I may, your honor—” Habba began, and the judge quickly told her she “may not.”
Trump’s Outburst Pre-Testimony
Moments before his testimony, with the jury still absent, Trump couldn’t help but exclaim, “I never met the woman! I do not know who the woman is!”
The judge had to intervene, saying “Mr. Trump, Keep your voice down.”
Limited Questioning
Roberta Kaplan, with no relation to Judge Kaplan, also faced restrictions in her cross-examination of Trump, limited to a specific number of questions. During this cross-examination, Trump acknowledged that he did not attend Carroll’s trial against him last spring.
Pouting and Head Shaking
In that trial, the jury unanimously concluded that Trump had sexually assaulted Carroll in the mid-1990s, resulting in a verdict of liability for sexual abuse and defamation, and an award of $5 million to Carroll.
During Kaplan’s line of questioning, Trump’s demeanor included shaking his head and conspicuously pouting.
Past Verdict
In the second lawsuit trial, including defamation claims post-presidency, the judge applied ‘collateral estoppel,’ affirming the previous trial’s findings as binding. This established Trump’s liability for defaming Carroll in 2019, focusing the trial solely on damages.
Maintaining Innocence
Consequently, Trump’s legal defense couldn’t argue Carroll’s dishonesty in court, despite his public denials and social media posts claiming ignorance of Carroll, contradicting earlier photographs and a federal court’s verdict.
No Do-Overs for Trump
Before his testimony, the judge reminded Trump that the prior verdict was final, with no chance for a ‘do-over.’ The judge closely monitored Trump’s testimony through Habba to ensure adherence to the trial’s scope, although the latter admitted she didn’t have a ‘crystal ball.’
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