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

[RTH10260]

Habba: Do you control your email?
Carroll: Yes.
Habba: So only you deleted them?
Carroll: Yes.
Habba: Ms. Carroll, are you aware it is illegal to delete evidence?
Carroll's lawyer: Objection
Habba: I move for a mistrial, evidence has been deleted
Judge Kaplan: Denied and the jury will disregard everything Ms. Habba just said

Question: did team Donald even request said emails prior to the trial? Could they even request them at this point in the proceedings? It's not like she deleted her own outgoing emails to hide something.

[p0rtia]

ASAIK you don't have to request discovery materials; it's the duty of the plaintif to provide them. After that it gets more complicated.

Re your question about how La Habba's behavior and the smack downs will affect the jury: Received wisdom from my trail lawyers has it that the jury will not like what La Habba is doing, and will side with the judge. Of course, who knows what happens on Earth 2?

[W. Kevin Vicklund]

Any emails that the plaintiffs were going to rely on would have to be provided, plus whatever the defense requests that is reasonable to provide.

[Rolodex]

Well, this is interesting. I guess Rubin didn't think T would really take the stand, but looks like there are scouts to see how he does. Or, they're security blankies for the biggest baby on the planet.

[Kendra]

Well, this is interesting. I guess Rubin didn't think T would really take the stand, but looks like there are scouts to see how he does. Or, they're security blankies for the biggest baby on the planet.

Yeah, she was on Deadline WH today with her comments. Very interesting, as Arte Johnson would say.

[RTH10260]

Based on my take from a most recent MTN comment, Carrolls lawyer has submitted another T nastygram into evidence,

At the same time she said that they will not call their remaining two witnesses to testify. So there will be no chance that Habba can crossexamine in front of the golden boy, he cannot supplement extra nasty comments.

► Show Spoiler

[Reality Check]

Nothing new on the docket except the continuance until tomorrow.

[Estiveo]

Now continued to Thursday.

GEji5jDWIAAu0FX.jpeg (40.16 KiB) Viewed 569 times

[Shizzle Popped]

https://www.huffpost.com/entry/alina-ha ... 7f5b9e1784

Alina Habba Spotted At Trump Victory Party After Delaying Defamation Trial Over Illness

Donald Trump’s attorney, Alina Habba, was spotted rubbing elbows with Republicans in New Hampshire on Tuesday, just the day after asking for a delay in the ex-president’s defamation trial because she was feeling under the weather.

On Monday, one of the nine jurors considering writer E. Jean Carroll’s second defamation suit against Trump was excused for being ill.

Though Judge Lewis Kaplan and Carroll’s lawyers agreed to continue the trial with eight jurors, Trump’s legal team requested a delay, saying Habba had been exposed to COVID and had a fever. She was not wearing a mask during the hearing.

The next day, however, Habba was sighted celebrating Trump’s win in the New Hampshire primary by NBC News’ Garrett Haake.

Haake’s report appeared to be confirmed by a tweet from former Trump aide Dylan Quattrucci, who shared a photo with Habba taken at the victory party.

“Just arrived at President Trump’s NH primary victory party and ran into the wonderful Alina Habba,” he posted to X, formerly Twitter. “Alina is President Trump’s rockstar attorney & a huge inspiration of mine!”

While it looked like Habba may have been playing hooky, NBC legal analyst Lisa Rubin said the lawyer could have been being honest about feeling unwell.

“I am not insinuating Habba lied. At all. I take her at her word,” Rubin wrote on X on Tuesday. “She said she had been exposed and was feeling feverish over the weekend; she also represented on Monday that she tested negative that morning.”

Rubin added, “What I am suggesting, however is that *someone else* who has been a regular courtroom presence has COVID, without which there would be little reason for a three-day delay.”

The trial is set to resume on Thursday.

[Reality Check]

Hey, the jury is getting free meals and a ride now:

AMENDED ORDER: By Order dated November 3, 2023 (DI 222) the Court ordered that the petit jury empaneled in the trial of this case be kept anonymous. In furtherance of that order, the Clerk of Court is directed to provide meals and transportation to-and-from the courthouse for the duration of the trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/23/2024) (vfr) Transmission to Office of the Clerk of Court for processing. (Entered: 01/23/2024)

Main Doc­ument

Order

[Reality Check]

I think Trump will be on the stand today according to some Tweets I saw.

[Volkonski]

I think Trump will be on the stand today according to some Tweets I saw.

He has backed out from testifying in court in other trials.

[Volkonski]

I think Trump will be on the stand today according to some Tweets I saw.

He has backed out from testifying in court in other trials.

[Reality Check]

We shall see. Roberta Myers, the former editor of Elle Magazine is up first.

[Volkonski]

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

Defamation trial has resumed
From CNN's Dan Berman

The civil defamation trial of former President Donald Trump resumed Thursday morning for the first action since last week.

E. Jean Carroll, a former magazine columnist, alleged Trump raped her in a Bergdorf Goodman department store in the mid-1990s and then defamed her when he denied her claim. She is seeking more than $10 million in damages.

In a separate trial last year, a civil jury found Trump sexually assaulted Carroll and defamed her in 2022 statements, and the judge previously ruled that verdict would carry over to this defamation trial.

Robbie Myers, a fixture in NY media, takes the stand
From CNN's Allison Morrow

Robbie Myers, E. Jean Carroll’s longtime boss at Elle magazine, has taken the stand.

Myers is a fixture in New York media, having begun her career at Rolling Stone in the 1980s, followed by positions at Interview, where she worked for Andy Warhol, Seventeen and InStyle, according to a 2017 New York Times profile.

She became the editor-in-chief of Elle in 2000, and ran the magazine until 2017.

[Foggy]

I suspect he plans to testify on direct examination and then walk out of court before cross.

It's a bold strategy, Cotton.

[Reality Check]

Inner City Press is live tweeting again. I have some other things to do today but I will try to copy over tweets periodically.

[Reality Check]

Myers is up on direct X:

OK- Carroll v. Trump 2d trial, after days' hiatus. Trump is here, Habba too. Inner City Press will live tweet as it did 1st trial (incl in this book ) thread below

All rise! Judge Kaplan: The jurors in seats 2 and 3 are going to be socially distanced.
Carroll's lawyer Roberta Kaplan: Can we put our witness on the stand?
Judge Kaplan: Yes.
Jury entering!
Judge Kaplan: Good morning, I hope everyone is feeling fit today. Call your next witness.
Carroll's lawyer: We call Roberta Myers [former editor of Elle]
Judge Kaplan: Record will reflect that Mr. Trump is in the courtroom.
[He sits down next to Alina Habba; blue tie today]
Carroll's lawyer: Have you testified before?
Myers: Yes, in the first Carroll v Trump trial.
CL: Then did you go on TV?
Myers: Yes, on MSNBC
Carroll's lawyer: Who did you vote for in 2016 & 2020?
Myers: Democrats.
Carroll's lawyer: Did Elle endorse political candidates?
Myers: No, that wasn't our role. We wrote profiles.
Carroll's lawyer: Were you friendly with Ms. Carroll?
Myers: Yes. But we were busy

[Reality Check]

Myers still up now cross X by Habba:

Judge Kaplan: Cross?
Habba: I'll be brief. You don't plan to vote for Donald Trump in 2024, do you?
Myers: I don't think I have to say what I plan to do
Habba: Fair enough. Were you terminated by Elle?
Myers: They didn't renew my contract.
Habba: Do you know that?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained. Let's focus on the facts.
Habba: You weren't at Elle when Ms. Carroll departed?
Myers: I was not.
Habba: So you have no knowledge from 2017 to 2019?
Myers: Nothing more than gossip.
Habba: What was the gossip?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
Habba: What kind of writer was Ms. Carroll?
Myers: Jounalistic.
Habba: What does that mean?
Myers: Accurate.
Habba: Ms. Carroll gave relationship advice, right?
Myers: And she wrote about the culture.
Habba: How would she respond to questions?
Myers: She would call a psychiatrist, or an MD, an expert
Habba: So that's being a fact checking journalist?
Carroll's lawyer: Objection.
Judge Kaplan: Sustained.
Habba: So what--
Judge Kaplan: I have ruled. Move on.
Habba: No more questions.
Judge Kaplan: The witness is excused.
Judge Kaplan: Any more plaintiff's witnesses?
Carroll's lawyer: No. Just a few exhibits. Let's play the video of exhibit 164.
Habba: No objection.
[Video of Trump: "This is a rigged deal, I had no idea who she was, nor could I care less."]
Judge Kaplan: When was that?
Habba: We met and conferred and objected.
Judge Kaplan: This just came in without objection.
Habba: Yes, but --
Judge Kaplan: Have a seat.
Carroll's lawyer: Next exhibit.
Trump's lawyer Madaio: We objected to this. If we can have a sidebar...
[Whispered sidebar ensues]

I am not even sure why the plaintiffs called Myers for this trial but hey IANAL. I see now it was to show she was a good journalist, accurate and a truth teller.

[Volkonski]

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

E. Jean Carroll's former boss calls her a "truth teller"
From CNN's Lauren del Valle and Allison Morrow

Former Elle editor Robbie Myers praised E. Jean Carroll as an employee, calling her an accomplished and popular “truth teller” who was essential to the magazine’s brand.

Myers, the editor-in-chief for Elle for 17 years, said she gave Carroll a raise during her tenure.

Myers also testified she met Donald Trump in 2012 or 2013 when she appeared on “The Celebrity Apprentice” reality TV show.

Trump "was kind and friendly" and showed her around his offices during downtime while they were shooting.

Under questioning from Carroll’s attorney, Myers said she was a registered Democrat and never voted for Trump. Trump's lawyer asked Myers if she'll vote for Trump in the upcoming election. She declined to answer saying she didn't think she had to share what she planned to do.

2 jurors are socially distancing in the courtroom
From CNN's Lauren del Valle

Two of the nine jurors in the defamation trial are socially distancing in the courtroom, Judge Lewis Kaplan announced as the trial resumed this morning.

The trial was delayed on Monday morning due to a sick juror and did not resume until today.

[Reality Check]

Myers excused, plaintiffs wrapping up with exhibits:

[They're back from sidebar & play video]
Video of Trump's April 2023 deposition against blue background, says My most valuable assets is the brand... I became President because of the brand. I think it's the hottest brand in the world. I did an NFT and it sold out
Jury seeing video of Trump: And the cards, their value is up, I'm happy, Trump people. I did it. It sold out immediately. Some of the cards are selling for $20,000. One, I think, for $82,100, I heard numbers like that. Somebody hit the jackpot
Jury seeing video of Trump saying, I believe the brand is worth more than the buildings. It's like Coke.
In video, NY AG lawyer: What's the price of Mar-a-Lago?
Trump: $1.5 billion.
NY AG lawyer: Here's your letter to Deutsche Bank
[Trump on video stares at it]

[Reality Check]

Attorney Kaplan showing excerpts from Trump's depo to the jury:

Jury seeing video:
NY AG: You showed it to Deutsche Bank commercial real estate?
Trump: No, another division of the same bank. They're very separate.
Carroll's lawyer: We offer PX 167 and 167-T. Please play it
[Jury sees video of another Trump deposition
Q: When did you move into Trump Tower:
Trump: A year after it was built.
Q: When were you married to your first wife Ivanka?
Trump: 1978 to the early 90s.
Jury sees deposition:
Q: When you were President, did you ever speak directly to reporters?
Trump: Yes. Too many to name.
Q: Did you read The Cut excerpt?
Trump: I don't believe I did.
Q: And What Do We Need Men For - have you read it?
Trump: Never seen it.
Jury sees deposition:
Q: Did you say this, There is zero evidence, it's fake news - no sales attendants around?? All should condemn false accusation. If info if Democrats are working with Ms. Carroll, let us know.
Did you say this?
Trump: Yes. I stand behind it
Jury sees deposition:
Q: And did you say, I'll say it with great respect, she's not my type.
Trump: Yes.
Q: And you said you never met her?
Trump: Yes. Later they showed me a photo from a receiving line at a charity. I shake a lot hands. Her husband, John Johnson
Jury sees deposition
Q: Who is this in the photo?
Trump: It's Marla.
Q: You're saying that's Marla? It's E. Jean Carroll.
Trump: It's John Johnson... It's very blurry.
Jury sees deposition:
Q: What did you mean, She's not my type - physically?
Trump: Yes. And now that I know more, not my type in any way.
Q: I take it the three women you married are your type?
Trump: Yes.

[Reality Check]

Plaintiffs conclude evidence, appears the defense will call Trump. Buckle up!:

Jury sees deposition:
Q: What is Truth Social?
Trump: It's a a platform opened by me, an alternative to Twitter.
Q: You issued a statement on Truth Social?
Trump: Yes. She's sick. She made it up, contradicted by what she said on CNN
Jury sees deposition:
Trump: I'll be suing her when this case is over. And I'll be suing you too.
Q: Are you done? Did you write this all yourself?
Trump: Yes.
Q: You wrote, I have no idea who she is
Trump: I think she's a wack job.
Jury sees deposition:
Q: You said the word hoax 250 times in 2020?
Trump: Probably. There are a lot of hoaxes played on me. Russia Russia Russia. Ukraine. Mueller. Lying to the FISA court - hoax. Lying to Congress - hoax by the scum we have in this country
Jury sees deposition:
Trump: She's a liar and she's sick.
Q: In addition to Mueller, Russia Russia Russia - did you also call mail-in ballots a hoax?
Trump: Yes. They are very dishonest.
Q: But you vote by mail.
Trump: Yes. But after it in, I don't know what next
Carroll's lawyer: Your Honor, I belive we're done with our evidence - but give us the break first.
Judge Kaplan: OK, ten minutes.
Jury leaves.
Carroll's lawyer: They intend to call Mr. Trump, then Ms. Martin.
Judge Kaplan: Aren't there motions, after they close?
Habba: Yes.
Judge Kaplan: OK.
All rise! [Judge steps out - thread will continue below. For now, book (including Carol Martin in 1st trial

[Reality Check]

They are back. Rule 50-(a) motion by Habba:

They're back.
Judge Kaplan: Is the plaintiff going to rest?
Carroll's lawyer Roberta Kaplan: Yes.
Judge Kaplan: Is there a motion?
Habba: Yes, under Rule 50 a--
Judge Kaplan: Rule 58 doesn't have anything to do with this.
Habba: I said 50-A, your Honor. This backlash occurred before President Trump even had an opportunity to speak. A jury can't find that. The Cut caused the harm. As 2d Circuit recognized in Samuels v. Air Transport, we are entitled to judgment as a matter of law

[Reality Check]

They are discussing the motion with the jury still out:

Judge Kaplan: You're saying there're no causation?
Habba: Yes, but I'd like to finish and make a record.
Judge Kaplan: You've made a record. But if you're going to be brief...
Habba: She has made lewd posts about p*nises and people found those tweets & responded
Habba: She intentionally deleted evidence --
Judge Kaplan: When did that deletion occur?
Habba: The day The Cut came out.
Judge Kaplan: Wasn't there no anticipation of litigation until she spoke with George Conway?
Habba: She continued to delete
Judge Kaplan: Is there any subpoena in the record?
Habba: It's discovery rules. We can point to her testimony --
Judge Kaplan: You've already pointed to that. But where is there a subpoena in the record?
Habba: We can submit it
Judge Kaplan: Not later
Judge Kaplan: These are emails that included death threats?
Habba: She says so.
Judge Kaplan: You're saying she should be punished because she deleted tweets that would be helpful to her -
Habba: That's not what I'm saying
Judge Kaplan: You're repeating yourself.
Habba: Clearly I'm not being heard... Their expert wasn't even aware that President Trump's statement was five hours after The Cut came out. She said, "I am not aware." She did not consider the timing
Habba: She cannot establish causation. This should not go to the jury.
Carroll's lawyer Roberta Kaplan: I'm going to be brief. There is ample evidence of causation. Mr. Trump did speak before the tweet. There was a denial in The Cut
Carroll's lawyer: The tweets overlap with what Mr. Trump said on June 21 and June 22
Judge Kaplan: There could be multiple causation.
Carroll's lawyer: The response here was foreseeable based on what Mr. Trump himself said, "People should pay dearly"