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

[Reality Check]

Motion denined. Moving on...

Judge Kaplan: The motion is denied. Who is your first witness?
Habba: Carol Martin. But they have opened the door for me to ask my client what he meant in the deposition.
Judge Kaplan: I'll hear from the plaintiff
Carroll's lawyer: Your Honor ruled what he can say
Carroll's lawyer: Your Honor has ruled Mr. Trump cannot contradict the prior jury's finding. And we think it's appropriate for Ms. Habba to proffer what her client can testify.
Judge Kaplan: I'm planning on dealing with this. What about Carol Martin?
Carroll's lawyer: They want to put in new exhibits. DX 100, a text, 101, 23 and 97. We object.
Judge Kaplan: Who's going to address this for Mr. Trump?
Madaio: I will. 101 is already in evidence. The other is a text -
Judge Kaplan: I'm only ask for a number
Judge Kaplan: You have had these documents a long time, true?
Madaio: We intend to use it to impeach -
Judge Kaplan: To impeach your own witness?
Madaio: She's an adverse party

[Sam the Centipede]

Judge Kaplan: You have had these documents a long time, true?
Madaio: We intend to use it to impeach -
Judge Kaplan: To impeach your own witness?
Madaio: She's an adverse party

it's like the movies! oh noes! it's a hostile witness!

[Reality Check]

Carol Martin up as an adverse witness for the defense:

Habba: They have opened the door on the Reid Hoffman issue - they asked about George Soros and the DNC - the door is open --
Judge Kaplan: The door is closed. Let's bring in the jury.
Jury entering!
Deputy Andy: What is your name?
A: Francis Carol Martin.
Habba: How long have you known Ms. Carroll?
Martin: 30 years.
Habba: You have counsel?
Martin: I do.
Habba: Did we try to interview you?
Martin: You did.
Habba: I'd like her declared a hostile witness. Did you last meet with plaintiff's counsel in the last month?
Martin: Twice.
Habba: And did you speak with us?
Martin: No.
Habba: You're here under subpoena?
Martin: Yes.
Habba: You went to Ms. Kaplan's firm?
A: Yes

[Reality Check]

Carol Martin direct X by Habba cont'd:

Habba: Did the show you documents?
Martin: No, I'd testified twice before.
Habba: Both times for Ms. Carroll?
Martin: Yes.
Habba: Do you use Twitter or social media?
Martin: No. I prefer to live a private life
Habba: Otherwise it'd be public?
Martin: It seems so
Habba: You reviewed Ms. Carroll's book?
Martin: A portion.
Habba: You reviewed the Cut?
Martin: Cut meaning what?
Habba: New York Magazine.
Martin: Yes.
Habba: Did you read the whole book?
Martin: Over time, I did.
Habba: When did you finish?
Martin: Hard to say
Habba: Were you concerned for safety?
Martin: On some levels. And for my daughter.
Habba: Did you tell Ms. Carroll?
Martin: Yes.
Habba: How?
Judge Kaplan: Is this a hypothetical question?
Habba: Text, or in person - that was my question
Judge Kaplan: No it wasn't
Habba: Did you put anything in an email about your safety?
Martin: Yes.
Habba: Did you feel better?
Martin: It ebbed and flowed. The climate in the country was changing rapidly.
Habba: After The Cut, were you concerned for your safety?
Martin: My daughter was

[Reality Check]

Carol Martin direct X by Habba cont'd:

Habba: Ms. Carroll told you she has zero security concerns?
Martin: She did. I don't know if she said Zero.
Habba: What is this?
Martin: Texts from Ms. Carroll.
Habba: DX 101 to impeach.
Carroll's lawyer: Objection. There's nothing to impeach.
Habba: Your Honor, I have a right to ask her what it says.
Judge Kaplan: It's in evidence.
Habba: Ms. Carroll invited you to social event about her case, yes?
Martin: Yes.
Habba: Which events?
Martin: I don't know.
Habba: Was I arguing at them?
Martin: You? No
Martin: After the NYT podcast there was interest.. There was a Harvey Weinstein sidebar... Not just E. Jean, but others as well.
Habba: Did you think Ms. Carroll was enjoying the attention?
Martin: At points.
Habba: Ms. Martin, what does narcissism mean to you?
Martin: Seeing things through yourself-
Habba: You know you're under oath? You said, Ms. Carroll's narcissism has run amuck?
Martin: I texted that to a friend.
Habba: I understand it's hard to see this about a friend
Judge Kaplan: No speeches, Ms. Habba
Habba: Ms. Martin, you've said Ms. Carroll is a drug addict and the drug is herself, right?
Martin: I don't remember.
Habba: Do you see this document?
Martin: It was written to my daughter.

[Reality Check]

Carol Martin more direct x:

Judge Kaplan: Some to the sidebar and bring a copy of this in writing, please
[Whispered sidebar ensues]
They've back
Habba: Did you understand Ms. Carroll was hoping to lose this so she could go to the Supreme Court?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
Habba: We've going through this ad nauseum. Can you look at
Judge Kaplan: Ask a proper question
Habba: So she could sell more books?
Martin: She wanted to sell her book.
Habba: Do you believe that publicity has become part of her lifestyle?
Martin: It's an extension of the lifestyle she already had
Habba: Yes or no.
Martin: I'm hard pressed to say
Habba: Did she celebrate this case?
Martin: It was organized by journalists.
Habba: What journalists?
Martin: There were more than one.
Habba: Who do they write for?
Martin: From the NY Times?
Martin: I don't know.
Habba: Any from Fox News?
Martin: Not that I know

[Reality Check]

Carol Martin:

Habba: How many parties about these lawsuits against Mr. Trump?
Martin: Six I went to.
Habba: Which one with journalists?
Martin: I don't remember.
Habba: Did these journalists write articles about her case?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained
Habba: Were you frustrated by these parties about the lawsuit?
Martin: Somewhat. We are different.
Habba: What about the dinner - where there lawyers there?
Martin: Robbie was there.
Habba: And George Conway?
Martin: No.
Habba: You stated that Ms. Carroll was acting a little scary, didn't you?
Martin: Bad choice of words.
Habba: That's a yes?
Martin: Yes.
Habba: You said she was loving the adulation?
Martin: Yes.
Habba: Did you share with others private messages Ms. Carroll sent you? Like DX 100? I offer it
Carroll's lawyer: I object.
Habba: It's for impeachment.
Judge Kaplan: Let me have a legible copy.
Judge Kaplan: Objection sustained.
Habba: But you have shared Ms. Carroll's private messages?
Martin: I really don't remember.
Habba: Do you see that you sent this to--
Judge Kaplan: Sustained. You are reading a document not in evidence

[Kendra]

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

As he sits at the defense table, former President Donald Trump is less active today in court than he was last week.

He has not been making any audible comments in court, as he had done last week, only speaking to his attorney Alina Habba once so far.

Trump did lean in to read some of the text messages on the screen in front of him as Habba presented them to the court during Carol Martin's testimony.

[Reality Check]

Carol Martin. Completes direct X and begin cross X by Carroll's atty:

Habba: Do you believe Ms. Carroll is enjoying this fame?
Martin: I think she is adapting. Enjoying is a multi-faceted word.
Habba: No further questions.
Judge Kaplan: Cross?
Carroll's lawyer: You know Ms. Carroll has been harmed because you're friends?
Madaio: Objection!
Judge Kaplan: She's Ms. Habba's witness.
Habba: Objection!
Judge Kaplan: Overruled.
Carroll's lawyer: Were you named in the book?
Martin: It was dedicated to me and Ms. Birnbach. In the book I was identified as a news reporter.
Carroll's lawyer: And did you--
Habba: Objection! We discussed all of this before. Happy to talk sidebar
They're back.
Carroll's lawyer: Ms. Martin, you were concerned about your safety?
Martin: Once I spoke with a NYT podcast.
Q: Were you concerned because you'd been involved in Ms. Carroll's lawsuit against Donald Trump?
Habba: Objection!
Judge Kaplan: Overruled
Martin: US climate felt dangerous to me.
Carroll's lawyer: What did you mean about lifestyle?
Martin: That the lawsuit had become a large part of her life
Carroll's lawyer: You were concerned it wouldn't work out for her?
Habba: Objection!
Judge Kaplan: Overruled
Carroll's lawyer: You discussed the passage of the NY law allowing her to sue Donald Trump for sexual assault?
Habba: Objection! I never asked about that.
Judge Kaplan: But you alluded to it. Overruled.
Carroll's lawyer: You didn't want here to file a 2d lawsuit?
Martin: He was saying he hadn't lost the 2020 election -
Habba: Objection
Judge Kaplan: Overruled.
Carroll's lawyer: Why were you concerned?
Martin: That the defamation would just continue and escalate.
Carroll's lawyer: What did you mean, Drug addict?
Martin: No idea. I use words too loosely sometimes.
Carroll's lawyer: Since Ms. Carroll had been a journalist her whole life, it is not surprising there were journalists at her parties?
Martin: Right

[Reality Check]

Carol Martin completes cross X and break for lunch:

Carroll's lawyer: Do you think Ms. Carroll is a narcissist?
Martin: I have no idea.
Carroll's lawyer: Do you distrust her motives?
Martin: No.
Carroll's lawyer: What was her job when you get her?
Martin: A columnist. Then in 1994 we did TV shows for America Talks
Carroll's lawyer: Do you think Ms. Carroll wants to be known as the woman who lied about the president sexually assaulting her?
Habba: Objection!
Judge Kaplan: Overruled.
Martin: No.
Carrol's lawyer: No further questions.
Judge Kaplan: We'll take our break. Lawyers be back at ten of two. Jurors, you'll have a bit longer. I have some business to do with them.
[Note: in SBF trial, Judge Kaplan had SBF do a mock testimony without the jury]
Jury leaves.
Thread will continue - at 1:50 pm, if they keep to stated schedule.
Now off to check other cases.
Here, book
Thread will continue below

[Luke]

I that Robbie is already talking about a THIRD DEFAMATION CASE because the dotard is not able to control himself and continues defaming her. In the little I've read, each additional case will have higher sanctions to discourage the behavior and ensure compliance. I'd be amped if one of these judges tether him*


A jail tether is a type of electronic monitoring device that allows a person to stay at home instead of in jail while being supervised by the authorities. A jail tether can be attached to the person's ankle or wrist and can track their movements, blood alcohol level, or compliance with curfews. A jail tether can be ordered by the court as a condition of bail, bond, or sentence, depending on the nature and severity of the crime. A person on a jail tether has to pay for its use, which can be expensive. A jail tether can also have restrictions, such as not being allowed to go near certain places or people². A violation of a jail tether can result in incarceration or other penalties.

[p0rtia]

Thanks RC!



So, who thinks Judge Kaplan will first take fuckhead's testimony outside the presence of the jury so he can decide whether to allow it before the jury?

[p0rtia]

I that Robbie is already talking about a THIRD DEFAMATION CASE because the dotard is not able to control himself and continues defaming her. In the little I've read, each additional case will have higher sanctions to discourage the behavior and ensure compliance. I'd be amped if one of these judges tether him*

I haven't been able to find a quote with her (as opposed to a commentator) actually saying that. Have you got one?

[Volkonski]

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

Trump is less active in court today
From CNN's Kara Scannell

As he sits at the defense table, former President Donald Trump is less active today in court than he was last week.

He has not been making any audible comments in court, as he had done last week, only speaking to his attorney Alina Habba once so far.

Trump did lean in to read some of the text messages on the screen in front of him as Habba presented them to the court during Carol Martin's testimony.

[Reality Check]

If OSG is up next I may have to skip my afternoon nap dang it!

[Reality Check]

They are back. Judge Kaplan is laying down the ground rules first.

They're back.
Judge Kaplan: Ms. Habba, do you have any other witnesses?
Habba: Yes, President Trump.
Judge Kaplan: I have a few things to say
Judge Kaplan: There was a trial last year about the truth or falsity of Ms. Carroll claims. Mr. Trump was listed as a witness but did not testify. The jury found for Ms. Carroll. There are no do-overs, it's called issue preclusion or collateral estoppel.
Judge Kaplan: The jury found that Mr. Trump inserted his fingers into her v*gina. And that Ms. Carroll did not make up her claim. And that Mr. Trump's June 11 and June 22 statements were defamatory. Now Mr. Trump may not make any argument against this
Judge Kaplan: Ms. Carroll adhered to the Court's rulings. Ms. Kaplan on behalf of Ms. Carroll questioned if Mr. Trump could offer any admissible testimony. Ms. Habba, you said he could testify about the reporters' questions, and if he was acting with ill will

[Reality Check]

More discussion abt DJT testimony with the jury not present:

Judge Kaplan: A judge must seek to exclude inadmissible evidence. Concerns exist here, as including in Ms. Kaplan's letter. I want to confirm a few things. Ms. Habba, what would he testify to?
Habba: I have only three questions for my client.
Judge Kaplan: We're going to do it my way.
Habba: He's going to stand by his deposition. That he had to respond to accusation and deny them.
Judge Kaplan: That's 100%?
Habba: I'm not testifying for my client
Judge Kaplan: Let me hear from the other side.
Roberta Kaplan: Just now Mr. Trump said under his breath he's going to say he never did it.
Judge Kaplan: He will not testify about questions asked of him by reporters?
Habba: No. If I may you Honor--
Judge Kaplan: No
Judge Kaplan: What are your questions?
Habba: That he stands behind his deposition. I'll ask about his state of mind, he'll say he was defending himself --
Judge Kaplan: And that's it?
Habba: Yes. And that he never intended to hurt Ms. Carroll.

[realist]

More discussion abt DJT testimony with the jury not present:

Judge Kaplan: A judge must seek to exclude inadmissible evidence. Concerns exist here, as including in Ms. Kaplan's letter. I want to confirm a few things. Ms. Habba, what would he testify to?
Habba: I have only three questions for my client.
Judge Kaplan: We're going to do it my way.
Habba: He's going to stand by his deposition. That he had to respond to accusation and deny them.
Judge Kaplan: That's 100%?
Habba: I'm not testifying for my client
Judge Kaplan: Let me hear from the other side.
Roberta Kaplan: Just now Mr. Trump said under his breath he's going to say he never did it.
Judge Kaplan: He will not testify about questions asked of him by reporters?
Habba: No. If I may you Honor--
Judge Kaplan: No
Judge Kaplan: What are your questions?
Habba: That he stands behind his deposition. I'll ask about his state of mind, he'll say he was defending himself --
Judge Kaplan: And that's it?
Habba: Yes. And that he never intended to hurt Ms. Carroll.

[Foggy]

Definitely testify that you didn't mean to hurt her.

See? They think they can evade the cross-examination.

[Kendra]

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

Donald Trump has taken the stand
From CNN's Lauren del Valle and Dan Berman

Former President Donald Trump has taken the stand in his own defense at the civil defamation trial in New York.

"The defense calls President Donald Trump," said his attorney Alina Habba.
It's an extraordinary moment for Trump, the front-runner for the 2024 Republican presidential nomination who faces multiple criminal trials this year, as well as ongoing civil litigation that threatens his business empire.

His testimony would be limited, as Judge Lewis Kaplan has ordered restrictions that Trump will not be allowed to testify that he didn’t assault E. Jean Carroll or that she lied about the rape allegation — since those questions are not before the jury.

The back and forth about Donald Trump's testimony is getting more heated.

Trump attorney Alina Habba said she wants to ask the former president several questions, including having confirm that he stands by all the testimony of his deposition and asking if he made the statements in response to E. Jean Carroll’s accusations

Trump interrupted Habba to say, "I never met the woman I don’t know who the woman is. I never met this woman.

Judge Lewis Kaplan admonished Trump: "I’m sorry Mr. Trump, you’re interrupting these proceedings by talking loudly while your attorney is talking, and that is not permitted."

Kaplan and Habba continue to debate the questions she's allowed to ask.

"Ms. Habba I'll decide what he has a right to do, that's my job, not yours," the judge said.

[Reality Check]

Jury coming back in. DJT direct X by Habba and cross X by Roberta Kaplan:

Judge Kaplan: I hope lunch was better than the cafeteria usually is. Ms. Habba you may call your witness.
Habba: Defense calls President Donald Trump...
Trump: Donald John Trump.
Habba: You viewed your deposition?
Trump: I stand by it 100%, yes.
Trump: She said something I considered a false accusation --
Roberta Kaplan: Objection!
Judge Kaplan: Sustained.
Habba: I have no further questions.
Judge Kaplan: Cross examination.
Roberta Kaplan: There was a trial here, correct?
Trump: Yes
Roberta Kaplan: Mr. Trump, is this the 1st trial between you and Ms. Carroll you've attended?
Trump: Yes.
Roberta Kaplan: No further questions.
Habba: Did you have counsel at the previous trial & follow their advice?
Trump: Yes.
Roberta Kaplan: Objection
Sustained
Habba: No further questions.
Judge Kaplan: Jurors, you may go until tomorrow morning, closing arguments.
[Jury leaves]
Judge Kaplan: Counsel can pick up the draft jury charge at 2:30, we have to run the copier. Charge conference at 3:30 pm
[Inner City Press intends to live tweet that too - before that, to OneCoin Mark Scott sentencing
But Trump Carroll thread will continue below

[bob]

[Reality Check]

I am not sure what Habba accomplished with that little stunt except to please her boss. Trump never even answered the first question, "Did you watch your deposition?"

[bob]

I am not sure what Habba accomplished with that little stunt except to please her boss.

I'm not sure she did even that.

During the pre-testimony conference, Habba appeared to have some sort of strategy to attempt to work in beneficial testimony, but the judge made it really clear what the ground rules were. After drawing an objection from his nonresponsive (and prohibited) outburst, I think she finally realized there was nothing left to gain. (Not that there ever would be once the judge established the parameters.)

Her one-question, no-admissible-answer redirect similarly fizzled.

But at least she made her appellate record.

[p0rtia]

I am not sure what Habba accomplished with that little stunt except to please her boss. Trump never even answered the first question, "Did you watch your deposition?"

I'm pretty sure she made Carroll's case for her, actually. In that he is still, to this second of this day, defaming her.