E. Jean Carroll v. Donald J. Trump and United States of America (poll added!)

[chancery]

A tweet purporting to include something like Judge Kaplan's actual words:

https://twitter.com/eorden/status/1654232640642269192

@eorden
erica orden
Judge Kaplan: "I am not saying I will grant it. If it is made, I will consider it. He has a right to testify, which has been waived, but if he has second thoughts, I will at least consider it."
5:12 PM · May 4, 2023

The judge says he has made this decision due to "news reports out of the British Isles" in which Trump said he would return to the U.S. to attend the Carroll trial.

Judge Kaplan: "I have taken the precautions I have just taken in light of those statements."

[Slim Cognito]

Jeez, how dare the court sneak around behind his back and have a trial while he's out of the country. You'd think someone woulda told him. Now he has to cut his vacay short and rush back.

[Gupwalla]

Realist is correct. However, except when needed to preserve testimony for trial, it's quite rare for the witness's own counsel to ask questions at the witnesses's deposition. You can't use the testimony at trial (for the reasons stated in the twitter thread above), and it's an accepted rule of thumb that you're more likely to open doors and injure your position. And I've seen that happen. Very rarely it's appropriate to correct some inadvertent misstatements or add context, but usually not.

And I've seen it happen way to often, and even with very experienced litigators. Sometimes they just can't help themselves, even though they know better. And then of course there are those who don't know better.

Yeah, but what are the chances that Pinto Taco* is one of those too-confident attorneys who would talk his client’s case into the trash can through excessive deposition questioning?


* Pinto Tacos sound like a yummy veggie treat for tomorrow! Pardon me while I start up a soak.

[Gregg]

He has before, specifically at charity events. He’d walk in, grab a chair on the stage meant for an actual donor, sit there grin on his face then walk out without donating a dime.

His statement today "Biden should have gone to Coronation" only makes me believe my theory more. It almost looks like "Hey, Your Majesty, I'm in the neighborhood if you want a US President to come!" to me. And I am dead certain he had some plan to just show up when he left for Britain, it just had too many people who would have had to go along with it to say "Oh hell no". No Secret Service Agent is going to just try to crash the gates in Westminster not even Trump, as they told him, with tears in their eyes, "nope, we don't want a gun battle in Central London on Coronation Day"

[Dave from down under]

Donnie won’t testify

Too afraid

[much ado]

OMG! Portia's gotten inside Trump's head!

What's it like in there? Dark? Need a flashlight?

I bet you need to wear boots. Ugh!

Hope you can find your way back out.

[tek]

Pretty sure this whole "confront" thing was just theater... he was assuming (probably because Joey Tacos told him) that he wouldn't be allowed to testify because that part of the trial is over, so this would make for great "UNFAIR JUDGE!" press... but now that the judge has opened a door a bit and called his bluff, my bet is he chickens out.

ADS-B shows Shitforce One is back in west palm, we'll see if it heads north anytime soon..

[p0rtia]

Pretty sure this whole "confront" thing was just theater... he was assuming (probably because Joey Tacos told him) that he wouldn't be allowed to testify because that part of the trial is over, so this would make for great "UNFAIR JUDGE!" press... but now that the judge has opened a door a bit and called his bluff, my bet is he chickens out.

ADS-B shows Shitforce One is back in west palm, we'll see if it heads north anytime soon..

I'll say...

Thursday morning, when the jury was not present, Robbie K informed the judge that they needed info from Taco to be able to finalize their schedule (tentative plan was to rest the case that afternoon). Taco said he would be able to get that information by the end of upcoming lunch break. Robbie K said they needed to know at the beginning of the lunch break. Don't know if judge Kaplan weighed in or what the result was, but the implication was clear -- even through the tweets of those reporting from the courtroom -- that they were talking about needing a final word whether fuckhead was going to testify or not. Since Taco had already said "no" the previous day, I'm guessing the judge was even then keeping the door open. Anyway, after lunch sometime, Taco said "no" again, so I'm guessing there was communication between Taco and fuckhead or his team at that point. Though even then judge Kaplan kept the door open, as reported.

[Reality Check]

I am glad to see Stern has come around to predicting Carroll winning. I think if that is the case damages will be above $1 million. The midpoint of the range provided by the expert on direct damages was over that amount and that does not include punitive damages. If the jury is inclined those could be several million. The case is certainly not a slam dunk though.

No Trump won't testify. It would be a disaster for him.

[chancery]

From Inner City Press, more detail about the exchanges between Judge Kaplan and counsel on the subject of testimony by Trump:

https://www.innercitypress.com/sdnytria ... 50423.html

Tacopina: We rest [our case]. Judge Kaplan: So Mr. Trump waives his right to testify? Tacopina: He does. Judge Kaplan: How recently have you spoken with him? Tacopina: A few minutes before I came into court this morning.

Judge Kaplan: I am committed to allowing parties to make their case. I will allow Mr. Trump up to 10 pm Sunday to make a motion to testify - I'm not saying I'll grant it, but I'll consider it and we'll see what happens. 10 pm Sunday, that's it. Tell Mr. Trump

Tacopina: I could do 10 am Sunday. Judge Kaplan: Let's do 5 pm Sunday. There have been news reports out of the British Isles attributed to Mr. Trump about his possible testifying here. So I've taken precautions.



Tacopina: What about the charging conference? Judge Kaplan: I am to know if I am calling the jury off at 10 am Monday. Tacopina: Why would you?

Judge Kaplan: If there is a motion made. You say you don't want and I believe in your heart of hearts you don't, but... Tacopina: So, draft charge 8 am, and we come in 9 am [Monday] Judge Kaplan: Have a good weekend. Leaves.

Edit: added the final exchange

[Tiredretiredlawyer]

Screen Shot 2023-05-04 at 6.08.08 PM.png

P0rtia is hereby awarded the Fogbow Wizard Award and Wizard Hat!!!!!!!!!

R (10).jpeg (26.92 KiB) Viewed 678 times

[p0rtia]

Oooh, I like it!

Shazaam!

[Maybenaut]

From Inner City Press, more detail about the exchanges between Judge Kaplan and counsel on the subject of testimony by Trump:

Tacopina: What about the charging conference? Judge Kaplan: I am to know if I am calling the jury off at 10 am Monday. Tacopina: Why would you?

Tacopina soooooo doesn’t want his client to testify. But after what the judge just said about leaving the door open for Trump to change his mind, it makes you wonder…

Was he not paying attention? Does he know his client, like, at all?

I agree with those who have said it would be a disaster for Trump to testify. And I’m sure Tacopina has advised him to stay away, and for the love of all that is holy, don’t get anywhere near the witness stand. But I also think Trump is a narcissist who may not be able to help himself.

I’m 50/50 on whether he testifies.

Parenthetically, if I were Judge Kaplan, if Trump decides not to testify I’d get that waiver on the record. I might not necessarily make him show up in person, but I’d get him on zoom or the phone or whatever, put him under oath, explain his right, and make him say that he knows he has the right to testify, and that he knowingly and voluntarily waives that right. I wouldn’t take Tacopina’s word for it — not because I don’t trust Tacopina, but because I don’t trust Trump. Why give him the opportunity to argue to the appellate court that he either didn’t waive the right to testify, or that the waiver was not knowing and voluntary.

Edited for clarity…

[Luke]

I changed my vote from hung jury to liable and ordered to pay less than a million dollars.

I think the cumulative evidence from plaintiff's friends, from the two other victims, and from Trump's deposition testimony as well as the Billy Busch brag should carry her over the top. After all the burden of persuasion is 50% + a feather.

Seeing that avatar makes me happy, I missed that little dude.

While I followed coverage including Klasfeld and ICP's tweets, I would have liked to read the daily transcripts. That said, between the evidence Stern talked about along with the constant irritations that #AshtrayJoe kept creating, I also had voted liable and less than a million. I understand advocacy as we talked about upthread, but it was obnoxious and disruptive.

Too also, unless you were in NYC from the 90s onward, it's hard to explain how wall-to-wall Trump's bad behavior, tantrums, bragging, sexual exploits (and fails) and constant narcissism were covered by newspapers, radio and TV (we didn't have social media ofc). You literally couldn't get away from it. I believe he did these things, he had been so pumped up as a Master of the Universe the Access Hollywood tape is what he really thought.

Even if she doesn't get the money, for 79-year-old E Jean to have some closure after the horrific and vile attacks we all know she went through from MAGAts would be a relief. Here's hoping. She was really brave to go through all of this.

[p0rtia]

Yeah, virtual kisses for the first person to find the transcripts.

[Phoenix520]

She was really brave to go through all of this.

Amen.

Also she was probably massively pissed off enough at tfg, finally, after he doubled down on the defamation, to do this thing.

I hope someone, preferably Melanie, points that out to him and makes sure he understands that he did it to himself. Again.

[Foggy]

Well, golly, former president Trump has until 10 p.m. tonight to decide whether he wants to testify in his rape case.

[neonzx]

Well, golly, former president Trump has until 10 p.m. tonight to decide whether he wants to testify in his rape case.

Pretty much making a guess that he did not fly to NYC to "confront" his accuser. He is a no-show other than his TruthSocial postings rantings/ravings. Coward. Sad.

[Foggy]

He still has plenty of time to fly to NYC. I don't have access to TruthSocial. I don't know what he is saying today. But I know he has to decide whether to testify or not.

I suspect he will not.

[Suranis]

Hes all armed up and ready to Confront his accuser.

[much ado]

But Portia predicted this.

[Tiredretiredlawyer]

Her Most High Wizard, P0rtia, revealed her vision that tfg wouldn’t show.

[much ado]

All hail p0rtia!

[Foggy]

I almost said he has to make a decision.

But he was in the UK, and they say "take a decision," not "make a decision".

I don't know where they take them.

[Foggy]

Off Topic

Oh, shit. No, they don't always say "take a decision".

First, only 17% of British respondents said they use “take a decision.” Six percent appear to use “take” exclusively, and 11% say they use both “take a decision” and “make a decision.” Most Brits—83%—said they would say they “make a decision,” so that explains why a lot of people responded that “take a decision” wasn’t British—it’s definitely a minority of British speakers who say it. Source: https://www.quickanddirtytips.com/artic ... %20instant.