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

[bob]

But like I said, if he gets to testify about this stuff, the plaintiff gets to cross-examine him on it. This is a perjury minefield that could have implications beyond this trial.

Yeah: Even though liability already has been established, his intent still is at issue, at least arguably for punitive damages. So he, in theory, should be allowed to testify how his answers to reporters' ("affirmative") questions show he didn't have (for example) a malicious intent.

This is a bad idea, of course, because he'll probably be a poor witness, and could even walk into some perjury traps.

But he and his counsel aren't bringing their best.

And, of course, much isn't isn't for the primary audience (the factfinder), but rather for the cheap seats.

[RVInit]

https://x.com/Pmfjfla/status/1744785703219650794?s=20

Whatever that was, it's been deleted.

That's why its a good idea to copy and paste the text sometimes.

It's a gif. And it's still there for me. I wonder if my browser is caching it. Sorry if you can't see it, it's hilarious.

[poplove]

https://x.com/Pmfjfla/status/1744785703219650794?s=20

Whatever that was, it's been deleted.

That's why its a good idea to copy and paste the text sometimes.

It's still there. It said "Mean posts and ketchup in 3..2.." and a gif of tfg swiping left on a cell phone with great emphasis.

[Rolodex]

Tacopina bails. He was the attorney in the first Carroll trial (aka Carroll 2).

[p0rtia]

Timing: The essence of comedy.

[Rolodex]

Apparently he's bailed on the hush money case, too.

Joe Tacopina, an attorney for former President Donald Trump, has pulled out of representing the former president in the criminal trial he faces in New York City, according a report in the New York Times.

Tacopina also withdrew from representing the former president in a separate case — his appeal of the court's decision finding Trump liable for sexual abuse and defamation.

A Trump spokesperson did not specify why Tacopina withdrew from representing the former president.

"President Trump has the most experienced, qualified, disciplined, and overall strongest legal team ever assembled as he continues to fight for America and Americans against these partisan, Crooked Joe Biden-led election interference hoaxes," spokesperson Steven Cheung said in a statement.

Link to story, but I quoted the entire article. https://themessenger.com/politics/trump ... inal-trial

[Rolodex]

Ok, clarification. I hope I will be excused from lack of exact detail due to the fact that dolt45 is involved in a zillion cases. Tacopina has removed himself from an APPEAL of Carroll 2 main case (where he was found guilty of rape and jury awarded $5mm). They apparently are appealing that case (I don't think I ever knew that). Surprise surprise.

I'm not clear whether he's representing on the Carroll 1 case which starts tomorrow. This case is the first defamation case she file, in 2019. There was long wrangling about whether his defaming her was done as part of his job as a president. I don't know who's representing him in this Carroll 1 case.

https://thehill.com/regulation/court-ba ... nts-cases/

[p0rtia]

Ok, clarification. I hope I will be excused from lack of exact detail due to the fact that dolt45 is involved in a zillion cases. Tacopina has removed himself from an APPEAL of Carroll 2 main case (where he was found guilty of rape and jury awarded $5mm). They apparently are appealing that case (I don't think I ever knew that). Surprise surprise.

I'm not clear whether he's representing on the Carroll 1 case which starts tomorrow. This case is the first defamation case she file, in 2019. There was long wrangling about whether his defaming her was done as part of his job as a president. I don't know who's representing him in this Carroll 1 case.

https://thehill.com/regulation/court-ba ... nts-cases/

I think The Hill is drawing a conclusion when they say that Tacopina was not repping TFG in Carroll 1. I've seen this assumption a lot in the press, but no one has had any evidence of this other than that he's not around and he didn't sign any of the filings.

Withdrawing from all TFG's cases seems to be true. Or at least reported as if it is true--I haven't read JT's request for withdrawal. Anyway, I'm happy to concluded that he is out across the board.

ETA: There were rumors that TFG was angry with JT, because JT didn't want him to take the stand in Carroll 2. Too also, that he (JT) lost the case. The Meidas Touch boys have said for months that Tacopina was off the team. Plus, Tacopina's appearances on Ari Melber were universally panned, and as we know, TFG pretends to value media savvy highly.

[p0rtia]

Here's some more better reporting. Merchan is the judge in the hush money case.

https://abcnews.go.com/UJoeS/attorney-j ... =106384143

Tacopina told ABC News, "I withdrew on all matters."

...

In a letter to Judge Juan Merchan, the judge overseeing the case, Tacopina wrote, "I write to respectfully inform the Court that my firm, Chad Seigel and I hereby withdraw as counsel for Defendant Donald J. Trump in this proceeding,"

Tacopina also represented Trump in the civil defamation and battery case brought by former Elle magazine columnist E. Jean Carroll, in which Trump was found liable and ordered to pay Carroll $5 million in damages.

Tacopina will no longer handle Trump's appeal of that verdict.

Attorney Alina Habba and her partner Michael Maddaio are representing Trump in Carroll's other lawsuit in that case, which is scheduled to go on trial Tuesday in Manhattan federal court.

[Rolodex]

Here's some more better reporting. Merchan is the judge in the hush money case.

https://abcnews.go.com/UJoeS/attorney-j ... =106384143

Tacopina told ABC News, "I withdrew on all matters."

...

In a letter to Judge Juan Merchan, the judge overseeing the case, Tacopina wrote, "I write to respectfully inform the Court that my firm, Chad Seigel and I hereby withdraw as counsel for Defendant Donald J. Trump in this proceeding,"

Tacopina also represented Trump in the civil defamation and battery case brought by former Elle magazine columnist E. Jean Carroll, in which Trump was found liable and ordered to pay Carroll $5 million in damages.

Tacopina will no longer handle Trump's appeal of that verdict.

Attorney Alina Habba and her partner Michael Maddaio are representing Trump in Carroll's other lawsuit in that case, which is scheduled to go on trial Tuesday in Manhattan federal court.

Thanks. I figured it might be Habba. Looking forward to the proceedings tomorrow!

[SuzieC]

So am I! I'm going to hunker down since it's going to be 8 degrees tomorrow, cook up a big pot of chili for Son's birthday, and follow the lawsuit and post-Iowa coverage. I'm sure someone here will find live lawsuit coverage. Good for Joe Tao for bailing, in a rare act of sanity by Trump lawyers.

[Dr. Ken]

[Kendra]

Updates at this link: https://www.cnn.com/politics/live-news/ ... index.html

Donald Trump’s lawyer Alina Habba sparred with Judge Lewis Kaplan at the start of the trial Tuesday over Trump’s appearance later in the week, after the judge admonished Habba for repeating some arguments on issues he ruled on ahead of trial.

“When the ruling is made that is the end not the beginning of argument,” Kaplan said at one point — perhaps as a nod to the lengthy arguments Judge Arthur Engoron allowed in Trump’s recent New York civil fraud trial.

Habba requested the judge grant an adjournment Thursday, so Trump does not have to decide whether to be in court at trial or at his mother-in-law’s funeral.

“I am asking you, sir, now for a one-day adjournment of this trial" Thursday to "allow my clients to be there so that he can be present for every day of this trial as he has a right to be,” Habba said.

“I am not stopping him from being there,” Kaplan said.

“No, you're stopping him from being here, Your Honor,” Habba responded.

“The argument is over,” Kaplan said, declining to change his previous ruling.

Kaplan said Habba previously asked in her letter for a week-long adjournment to start the trial next Monday. Today, she asked for an adjournment only on Thursday. Kaplan reiterated his written ruling that Trump could only delay his testimony until next Monday.

[MN-Skeptic]

If you can read Twitter, Inner City Press is giving a VERY detailed thread of what’s going on today.

[p0rtia]

Thanks!

[Kendra]

Three jurors have so far been excused from the trial to decide how much money in damages former President Donald Trump must pay E. Jean Carroll for his 2019 defamatory statements about Carroll’s sexual assault allegations.

The jurors were dismissed after they indicated to Judge Lewis Kaplan they would not be able to give both sides a fair trial.

Kaplan also asked the jury pool about any knowledge they may have of the parties involved:

One woman said she provided communications services for Ivanka Trump's business in 2017 and 2018. However, she said it wouldn't affect her ability to be fair and impartial. Trump turned all the way around to look at her.
Another woman said she worked for a moving company that provided services to Trump’s buildings on the west side of Manhattan. She also said it wouldn't affect her ability to be fair and impartial.
A third woman seated in the jury box said she's worked in policy advocacy and spoke at the White House during Trump's presidency, but that she never met Trump directly.
These jurors so far have not been excused.

The judge is continuing to question the jury.

[MN-Skeptic]

-
According to a follow-up tweet, the 2nd Circuit Court of Appeals decision that Trump does NOT have immunity applies to the Carroll case.
-

Mueller, She Wrote
@MuellerSheWrote

NEW: The 2nd Circuit Court of Appeals has DENIED Trump’s immunity claims and has DISMISSED his argument that his comments weren’t defamatory.

[noblepa]

-
According to a follow-up tweet, the 2nd Circuit Court of Appeals decision that Trump does NOT have immunity applies to the Carroll case.
-

Mueller, She Wrote
@MuellerSheWrote

NEW: The 2nd Circuit Court of Appeals has DENIED Trump’s immunity claims and has DISMISSED his argument that his comments weren’t defamatory.

IANAL, but it seems to me that an appeal on the grounds that his comments weren't defamatory is premature. Isn't this the sort of thing for which you must wait until the proceedings in the lower court are final?

The immunity question may not have been premature, however. Interlocutory appeals do happen, but it is my understanding that there must be some urgency or other unusual circumstances.

[Maybenaut]

The immunity question may not have been premature, however. Interlocutory appeals do happen, but it is my understanding that there must be some urgency or other unusual circumstances.

And are most likely only to succeed if they’re filed by the government, and then usually only if the effect of the ruling would end the trial.

[chancery]

-
According to a follow-up tweet, the 2nd Circuit Court of Appeals decision that Trump does NOT have immunity applies to the Carroll case.
-

Mueller, She Wrote
@MuellerSheWrote

NEW: The 2nd Circuit Court of Appeals has DENIED Trump’s immunity claims and has DISMISSED his argument that his comments weren’t defamatory.

This is old news. The appeal was denied in part and dismissed in part back in December. See viewtopic.php?p=233477&hilit=circuit#p233477 and following posts.

What has happened is that the Second Circuit has now issued its judgment and tranmitted it to the district court. (This is the step that I briefly thought had already happened, due to a rookie error in reading the docket sheet. See viewtopic.php?t=1094&hilit=circuit&start=700#p236516).

[p0rtia]

??? There's a big red Mandate Issued 01/16/2024 on the bottom of the page.

[chancery]

The judgment is the mandate is the judgment is the mandate. Apologies to Gertrude Stein.

[noblepa]

The immunity question may not have been premature, however. Interlocutory appeals do happen, but it is my understanding that there must be some urgency or other unusual circumstances.

And are most likely only to succeed if they’re filed by the government, and then usually only if the effect of the ruling would end the trial.

Had the appeals court ruled that the mango musolini did, indeed, have absolute immunity, would this not have ending the trial, at least until the plaintiffs could appeal to SCOTUS?

This is a civil case, so the government is not a party.

[Volkonski]

https://www.cnn.com/politics/live-news/ ... index.html

A jury of nine people has been selected in the trial to decide how much money in damages, if any, former president Donald Trump must pay E. Jean Carroll for his 2019 defamatory statements about Carroll’s sexual assault allegations.

What happens next: The civil trial will resume at 3 p.m. ET when the judge will deliver preliminary instructions and swear in the jury. After that, there will be opening statements.

The trial will run later than the normal 4:30 p.m. ET stop time if necessary to complete opening statements, Judge Lewis Kaplan indicated.

[Kendra]

Scroll down on that CNN link to updates. There's a courtroom drawing of when tfg turned around to look at a juror. *shudder*