Trump’s Clash with Judge in the Defamation Case Could Put Him Behind Bars

Donald Trump’s repeated criticism of the judge in his ongoing defamation lawsuit with journalist and author E. Jean Carroll might result in jail time, as suggested by a former attorney. 

Crossing the Legal Line?

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The ex-president has frequently expressed his discontent with District Judge Lewis Kaplan during the case filed by Carroll, both on social media and in the courtroom.  Judge Kaplan hinted this week at the possibility of ejecting Trump from the court.

Decades-Old Accusation

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Carroll, 80, claims Trump sexually assaulted her in the mid-1990s in a Bergdorf Goodman dressing room in Manhattan, New York. 

The Price of Reputation

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She’s seeking at least $10 million in damages for reputational harm, stemming from Trump’s two June 2019 statements during his presidency, where he denied the accusations and accused Carroll of fabricating the story to sell her memoir.

Courtroom Tensions

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“Mr. Trump has the right to be present here. That right can be forfeited and it can be forfeited if he is disruptive and if he disregards court orders,” Kaplan stated. “Mr. Trump, I hope I don’t have to consider excluding you from the trial, I understand you are very eager for me to do that.”

“This really is a con job”

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Judge Lewis Kaplan’s caution towards Trump was in response to a complaint from Carroll’s lawyer regarding Trump’s audible comments to jurors, including statements like “This really is a con job,” while Carroll was testifying before Trump for the first time.

‘Nasty Judge’ Remarks

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“I would love it, I would love it,” Trump responded to the judge’s threat. As he departed the court, Trump labeled Kaplan “a nasty judge” and a “Trump-hating guy” who was “obviously not impartial.”

Legal Expert Warns

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An ex-lawyer has warned that the Republican’s continuous disruptions in court could lead to imprisonment.  In a conversation with Mary Trump, Donald Trump’s niece who has openly criticized him, Joe Gallina noted that Trump’s plea for a mistrial could lead to more severe consequences beyond the compensation.

Playing the Victim?

Former US President Donald Trump sits in New York State Supreme Court during the civil fraud trial against the Trump Organization, in New York City on January 11, 2024. Trump's legal team will deliver closing arguments January 11 in the fraud case after the judge barred the former president from using the trial finale as an election campaign grandstand. (Photo by Peter Foley / POOL / AFP)
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“I think Donald is using his appearance at court to speak to his base. He’s playing the victim, which works well with them, while attempting to malign the judge, intimidate E. Jean Carroll, and undermine the accusations by claiming it’s all a political ‘witch hunt.’ Sure he’ll score some political points, but he’s really damaging his case,” Gallina stated.

Legal Consequences

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Gallina further analyzed Trump’s challenging situation, remarking, “That puts Donald in an impossible position. The more he attempts to appease his base, the more he’ll turn off the jury.”

Potential Financial Fallout

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Gallina also speculated that the jury might decide on a compensation amount for Carroll that far exceeds the $5 million awarded in May 2023, in a case that concluded Trump had abused her.

‘Acting Out’ in Court

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Gallina highlighted potential consequences if Trump “continues to act out,” adding, “It stands to reason we’ll hear a description of what those might be of. Donald could face fines and even be thrown in jail for contempt if he ignores repeated warnings.” 

Legal Boundaries Crossed? 

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Contempt of court involves acts of disrespect or non-compliance towards a court, including failure to obey a judge’s orders or engaging in threatening or disrespectful behavior. 

Mistrial Motion

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This week, Trump’s legal team sought a mistrial, with his attorney Alina Habba arguing to District Judge Lewis Kaplan that Carroll’s deletion of emailed death threats severely prejudices ‘President Trump’s defense’ by withholding key evidence. 

Habba also pointed out that these deletions breached a federal rule requiring the preservation of emails for legal proceedings.

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