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

[Reality Check]

Crowley concludes EJC rebuttal:

Crowley: The law of defamation is about protection people from harm when people lie about that. You only have to change the minds of the people who believe the lie. Ms. Habba went on about deleting some of the death threats. Ms Habba got it wrong to mislead you
Crowley: She had no duty not to delete-
Madaio: Objection
Judge Kaplan: Sustained in part. I'm not going to detail which part just now. Jurors, you decide if this matters to you
Crowley: She said she deleted some of the nasty replies. She had no obligation to keep
Crowley: I think we can understand why she wouldn't want to keep these? Who among us hasn't deleted a nasty tweet or email? These are death threats from people who believed HIS lies, and expanded on HIS threats.
Crowley: You're going to hear Judge Kaplan's instructions on the law. Then you'll decide how much Donald Trump is going to pay. He wants you to blame her, that Donald Trump is the victim here.
Crowley: Her so called salacious tweets? She was reposting readers' questions. She was doing her job. They want to stop her. According to the defense, he gets to ignore a jury verdict. You saw how he behaved at trial - he walked out while Ms. Kaplan was speaking
Crowley: This is not a political rally. This is a court of law. Donald Trump is not the victim. Make him pay enough so that he will stop. Thank you.
Judge Kaplan: I will now deliver the jury charge.
Deputy Andy: Marshals, please lock the doors
Thread will continue

Lock him up!

[Foggy]

Marshals, please lock the doors

Epshteyn: I'm a prisoner!

[Reality Check]

Is locking the doors during jury instructions SOP? I infer that has the effect of locking OSG in the room so he cannot attempt to interrupt Judge Kaplan like he did with EJC's attorneys.

[Foggy]

Oh, I thought he was locking Trump out of the courtroom.

[Reality Check]

Picking up from Adam Klasfeld:

The judge instructs the jury that Trump sexually assaulted Carroll "by forcibly inserting his fingers into her vagina without her consent."
The judge instructs them that they must accept that sexual assault and defamation has been established, for the purposes of their deliberations, no matter what anyone has said in court.

[Reality Check]

Oh, I thought he was locking Trump out of the courtroom.

Someone asked Adam Klasfeld and he said Trump was in the courtroom. He returned when Habba-Habba-Habba was doing her closing.

[Reality Check]

Inner City Press:

[hand copy of the jury change being distributed -
Trump still in the courtroom]
Judge Kaplan: When you retire you will select one juror as the foreperson. The foreperson will send out any notes and will notify the officer when a verdict has been reached.
Judge Kaplan: Your answer to one question will determine your answers to some following, in some places. Whatever you do, just answer the questions. I tell you from experience - you are not to add any commentary, no extraneous remarks. Answer on 1 copy
Judge Kaplan: At the bottom, put your juror number, not your name. Place the verdict in an envelope, I will ask for it. Each of you should be in agreement with verdict. Once announced it ordinarily can't be revoked.

[Reality Check]

I think Atty. Crowley made an excellent point that being defamed doesn't mean you have to be morose and afraid 24/7/365. Life goes on but the damage doesn't go away.

[Reality Check]

Judge Kaplan:

Judge Kaplan: This Court was the first in the United States. Since those first days, jurors like you have been asked to decide cases. I am sure you will be just. Counsel, any objections to my instructions?
[Sidebar]
Judge Kaplan: I left one word out: "not"
Judge Kaplan: The exhibits will be sent into the jury room. That normally takes a bit of time. I ask counsel to stay near the courtroom so we can respond. Your lunch is waiting for you - so 45 minutes, they are free to go -
Andy, swear the Marshall. The officer.
Judge Kaplan: We will break at 4:30 pm if there is no verdict, unless you send a note that you would like to stay somewhere later.
[No pizza like in US v. Sam Bankman-Fried final day?]
Judge Kaplan: Andy will take the exhibits. Videos on a laptop.
Judge Kaplan: Anything else we have to do before we go off and have lunch? None? OK.
[Thread will continue below as notes are brought in, and /or... a verdict?
book:
Thread will continue below

[Reality Check]

Adam Klasfeld reported pretty much the same things as ICP. The jury was going to have a 45 minute lunch and then begin deliberations. That would be before 2:30 PM. Judge Kaplan said they can quit at 4:30 or continue if they choose. As for me, I am going to take the nap I missed yesterday.

I hope Trump didn't realize he was going to be locked in and it came as a surprise.

[realist]

Adam Klasfeld reported pretty much the same things as ICP. The jury was going to have a 45 minute lunch and then begin deliberations. That would be before 2:30 PM. Judge Kaplan said they can quit at 4:30 or continue if they choose. As for me, I am going to take the nap I missed yesterday.

I hope Trump didn't realize he was going to be locked in and it came as a surprise.

Great job, RC. Thanks for all you did on the trial.
Enjoy your well-earned nap.

[Slim Cognito]

Thanks so much!!!!! I'd like to buy you a beverage and appetizer of your choice!!

[Kendra]

Adam Klasfeld reported pretty much the same things as ICP. The jury was going to have a 45 minute lunch and then begin deliberations. That would be before 2:30 PM. Judge Kaplan said they can quit at 4:30 or continue if they choose. As for me, I am going to take the nap I missed yesterday.

I hope Trump didn't realize he was going to be locked in and it came as a surprise.

Thanks again for all your hard work reporting on this. It's greatly appreciated.

[bob]

"People are saying" he doesn't expect a B-level (billions) verdict, and that a M-level verdict will encourage his grift. ("The system is rigged against me US!", etc.)

Which is, in part, why he's continuing to defame the plaintiff.

[p0rtia]

Just caught Lisa Rubin's take on closings--

La Habba: brilliant, poking holes in Carroll's story and raising a plethora of logical objections (to what, Rubin does not say). Rubin does not mention La Habba's many rebukes by Judge Kaplan:

R. Kaplan (or maybe Crowley): Blew it big time. Failed to argue that after TFG started harrassing Carroll, the number of harassing emails went through the roof. '

No prediction as to how the jury might have taken this. Came off as saying "If I had been plaintiff's counsel, this is what I would have done, and it would have been much better.

She was in the courtroom, and I am only reading tweets. I know La Habba to be a really good liar--she does not hold back, for sure. But from what I read, La Habba's continuing attempts to defy Judge Kaplan's orders would have finished her for me.

[Reality Check]

I have never watched Lisa Rubin but let's hope she is wrong.

[Reality Check]

Verdict Form

Seems unnecessarily complicated to me. I think that is what the plaintiff's letter was pointing out but Judge Kaplan apparently stayed with what he had yesterday.

[raison de arizona]

tfg is on mega-whine mode on Truth, delicious. I hope they come back with a fat verdict.

[bob]

Seems unnecessarily complicated to me. I think that is what the plaintiff's letter was pointing out but Judge Kaplan apparently stayed with what he had yesterday.

A bit, yeah. There's only two real questions: actual damages (if any) and punitive damages (if any).

Splitting the punatives for each of the two tweets seems baroque, but I infer this is to protect the verdict on appeal. If the verdict form asked, "Was either tweet malicious?", then he could argue on appeal some jurors thought one was and other jurors thought the other was, but there's no evidence that a necessary number of jurors agreed any specific tweet was malicious.

[W. Kevin Vicklund]

Verdict Form

Seems unnecessarily complicated to me. I think that is what the plaintiff's letter was pointing out but Judge Kaplan apparently stayed with what he had yesterday.

The letter was about compensatory damages, which ended up being combined as requested by the letter. They still separate the reputational repair damages from other compensatory damages, but all in all I think this is rather streamlined. And I can see how there could be a difference in punitive damages from the separate statements (for example, finding that the second one crossed the line into willful malice - not that I personally hold that view, but that I can see someone splitting the hair that way)

[Reality Check]

The letter was about compensatory damages, which ended up being combined as requested by the letter. They still separate the reputational repair damages from other compensatory damages, but all in all I think this is rather streamlined. And I can see how there could be a difference in punitive damages from the separate statements (for example, finding that the second one crossed the line into willful malice - not that I personally hold that view, but that I can see someone splitting the hair that way)

Thanks, I reread the letter and you are correct. The letter was about compensatory damages and the Tweets were combined on those. It is good that Mr. Matz took the opportunity to request that change. Alina Habba was probably too busy going to a Trump rally or appearing on Fox News, News Max etc. to follow up on Judge Kaplan's invitation to suggest changes.

I am sure the jury can figure it out. Having more boxes to write in big numbers may be a good thing.

[Reality Check]

There might be a verdict. Stay tuned.

[noblepa]

CNN is saying that a verdict has been reached. No word on what the verdict is.

Verdict to be read at 4:35.

Stay tuned.

[realist]

There might be a verdict. Stay tuned.

[p0rtia]

I have never watched Lisa Rubin but let's hope she is wrong.

Me too. She changed her tune in her most recent appearance.

Anyway, looks like we'll know in minutes.