What to know about the E. Jean Carroll defamation case
- Testimony in former President Donald Trump's trial over damages sought by writer E. Jean Carroll for defamation has been canceled after his lawyer was exposed to Covid. A juror also is being tested for the illness.
- Carroll alleges Trump raped her in a New York City department store dressing room in 1996 and then defamed her by calling her accusations a financially motivated hoax. U.S. District Judge Lewis Kaplan is presiding over the trial.
- Trump is one of only two defense witnesses listed in the trial and has said he plans to testify. Carroll is expected to wrap up her case by this afternoon.
- This is the second civil trial involving Carroll and Trump. A jury in the first trial found Trump liable for battery for sexually abusing her and defamation and awarded Carroll $5 million in damages.
Additional Trump lawyers were present at trial today
Although I and other legal observers predicted Trump would not testify today, there was a sign that he fully expected to take the stand: the courtroom presence of Susan Necheles and Todd Blanche, who jointly represent him in the Manhattan DA’s criminal hush money case. (Blanche also represents him in the federal election interference and records cases as well.)
It's unlikely they were there to watch either former Elle editor-in-chief Robbie Myers, Carroll’s last witness, or Carol Martin, a Carroll friend whom the Trump team is expected to call in his case. Rather, it’s a safe bet they were there to assess their client’s own performance on the stand in anticipation of the three criminal cases in which one or both of them represents him.
Trump litigates Caroll case on social media amid canceled testimony
The cancellation of today's testimony has not stopped Trump from discussing the Carroll case, albeit now on his social media platform Truth Social. He has posted dozens of times about Carroll in the last 20 minutes.
The posts largely consist of apparent screenshots of Facebook and Twitter posts from Carroll in which she discusses sex. They were interspersed with a post promoting Jan. 6 conspiracy theories and a post paying homage to his late mother-in-law.
Testimony canceled until tomorrow
Kaplan has canceled testimony for the day. Trump lawyer Alina Habba said she wasn't feeling well after having been exposed to Covid from one or both of her parents, and her co-counsel, Michael Madaio, also was feeling under the weather. A juror also is being tested for the illness.
In court, Trump stood between Habba and Madaio, and none of them were wearing masks.
If no one has Covid, the court is expected to resume tomorrow at 9:30 a.m. Habba has asked that Trump be able to testify Wednesday instead of tomorrow because of the New Hampshire Republican presidential primary, and Kaplan said he would consider her request.Â
Carroll arrives for fourth day of trial
Carroll arrived at the federal courthouse in Manhattan at a little after 8:30 a.m. with her lawyer, Roberta Kaplan, for the fourth day of the defamation trial.
Trump has arrived at the courthouse
Trump’s motorcade arrived moments ago at the back garage of the courthouse.
Carroll was on the stand for a second day of testimony in her damages trial.
She faced a cross-examination from Trump’s attorney about her income and public image.Â
Highlights from the defamation trial so far
The trial has had some tense moments, with Trump and Kaplan butting heads in the courtroom.
Last Wednesday, Carroll's attorney complained the jury could overhear Trump's commentary to his lawyer, prompting Kaplan to ask Trump to take “special care to keep his voice down.â€
“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 told Trump and his lawyer after the jury had left the courtroom.
“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,†Kaplan said.
“I would love it. I would love it,†Trump responded.
“I know you would, because you just can’t control yourself in this circumstance, apparently. You just can’t,†Kaplan shot back.
“Neither can you,†Trump said.
The damages trial resumes, with the possibility that Trump could take the stand
The damages trial in writer E. Jean Carroll’s defamation suit against Donald Trump resumes today, with the former president expected to attend — and possibly testify.
Carroll, who sued Trump for defaming her when he was president by calling her sexual abuse allegations against him “pure fiction†and a “hoax,†is expected to wrap up her case by this afternoon, paving the way for Trump’s defense case to start. He is listed as one of only two defense witnesses and has said he plans to testify.
If he does, it would lead to the unprecedented sight of a former president and the current leading Republican presidential candidate taking the witness stand the day before a crucial primary in New Hampshire. Similar scenes are expected to play out in the coming year, with Trump facing the prospect of up to four criminal trials and other court hearings as he vies to return to the White House.