The attorney for E. Jean Carroll, Roberta Kaplan, has expressed concern about Donald Trump’s approach to the upcoming damages trial, warning that Trump might plan to turn the trial into a “circus.”
Trial Tensions Rise
Donald Trump’s attorneys are facing accusations of trying to bypass the restrictions set by a judge who ruled out that Carroll’s accusations of ra.e were “substantially true.” The judge had to elaborate that the ruling was based on New York laws, so the verdict was that Carroll was “sexually abused.”
“Not my type”
The allegations against Trump include defaming Carroll, a former writer for Elle, by refuting her sexual assault allegations at a New York department store in the 1990s. His denials included statements in 2019 dismissing Carroll as “not my type” and claiming her story was fabricated to boost her book sales.
$5 Million Damages
The civil trial, set to begin on January 16, is distinct from the previous sexual battery and defamation case settled in May 2023, where Trump was found liable for sexually assaulting Carroll at Bergdorf Goodman and then defaming her.
He was ordered to pay $5 million in damages, although the jury did not conclude that Trump had ra.ed Carroll.
Judge Sets the Tone
In the lead-up to the defamation trial, Judge Lewis Kaplan has clearly stated that Trump’s attorneys are prohibited from claiming that Trump didn’t ra.e Carroll or referencing the previous jury’s verdict of sexual abuse only, as these points are irrelevant to the defamation case.
Unjust Bias Claims
Carroll’s attorney has accused Trump’s legal team of trying to introduce evidence in the trial that could unjustly bias the jury against Carroll or portray her as an unreliable witness, directly violating Judge Kaplan’s orders.
Potential Trial “Chaos”
In a letter to Judge Lewis A. Kaplan, attorney Roberta Kaplan, who is not related to the judge, stated, “If Mr. Trump appears at this trial, whether as a witness or otherwise, his recent statements and behavior strongly suggest that he will seek to sow chaos. Indeed, he may well perceive a benefit in seeking to poison these proceedings.”
She added, “There are any number of reasons why Mr Trump might perceive a personal or political benefit from intentionally turning this trial into a circus.”
The Battle Over Evidence
Following a meeting with Trump’s team about the evidence they plan to present, Kaplan expressed concern that their strategy clearly aims to sidestep the court’s recent decisions, including attempting to use a 2019 interview of Carroll with CNN’s Anderson Cooper to undermine her credibility.
The interview includes her saying that “most people think of ra.e as sexy.”
Clearing Up Carroll’s Remark
During his deposition for the defamation case, former President Trump was informed by an interviewer that E. Jean Carroll’s remarks about ra.e being “sexy” were about a perspective held by many, not her personal view.
Concerns Over Trump’s Tactics
Roberta Kaplan, Carroll’s attorney, noted that Trump’s team plans to selectively edit the CNN interview, deleting parts that provide additional context to Carroll’s comments about societal reactions to ra.e allegations.
Kaplan’s argument
Kaplan argued that the only purpose of including the edited CNN exchange would be to imply that Carroll “fabricated her account” or to question her motives for making such statements.
Martin Returns to the Courtroom
Trump’s legal team intends to bring Carol Martin, a witness from the sexual battery trial, to testify in the defamation trial. Martin had previously testified that Carroll, a former Elle columnist, confided in her about the assault shortly after it occurred.
Irrelevant Testimony?
Kaplan alleges that Trump’s attorneys aim to question Martin about Carroll’s demeanor and imply that she enjoyed the attention received following her assault claim.
Carroll’s lawyer argues in their filings that Martin’s testimony will contribute little to relevant evidence in the defamation case against Trump and may confuse the issues and prejudice the jury by delving into complex and sensitive topics that are largely irrelevant.
The Absolute Immunity Claim
Initially filed in 2019, Carroll’s defamation case against Trump has been postponed, with Trump claiming that his comments, made while he was in office, are protected by absolute immunity.
Carroll’s updated suit
Carroll updated her lawsuit to incorporate Trump’s disparaging remarks during a CNN town hall last May, which came shortly after the jury’s verdict in the sexual battery and defamation case.
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