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

[raison de arizona]

Nothing like learning on the job.

Habba: How do you suggest I proceed?
Judge Kaplan: Show it to her, ask if she recognizes it.
Habba: Do you recognize it?
Carroll: Yes.
Judge Kaplan: It's not marked. It should be marked. Do it appropriately. Do it overnight. They. Need. To. Be. Premarked.

https://x.com/innercitypress/status/174 ... 64454?s=20

[Kendra]

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

Court has concluded for the day with Trump attorney Alina Habba's cross-examination of E. Jean Carroll.

Habba said she had about 30 minutes of cross-examination remaining, which will take place on Thursday.

Once Habba finished her questions, Trump walked out of the courtroom before the jury had exited, with Carroll still standing in the witness box.

Trump is planning to address reporters at his 40 Wall Street property in lower Manhattan.

[Rolodex]

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

Court has concluded for the day with Trump attorney Alina Habba's cross-examination of E. Jean Carroll.

Habba said she had about 30 minutes of cross-examination remaining, which will take place on Thursday.

Once Habba finished her questions, Trump walked out of the courtroom before the jury had exited, with Carroll still standing in the witness box.

Trump is planning to address reporters at his 40 Wall Street property in lower Manhattan.

Zero awareness of anyone besides himself.

Or as we say down here in the South: No more self-awareness than a dog licking his own butt on the sidewalk.

[noblepa]

Is it just me or is Habba getting dangerously close to attempting to re-litigate the facts of the case, which have already been decided?

Some of her questions seem to go to how Trump's statements have impacted her reputation and income, but many of those questions seem to be trying to convince the jury that EJC made up the allegations to promote her books, or that the statements were not defamatory. Again, the defamatory nature of the statements has already been decided.

[Reality Check]

End of Day 2:

There was no more - Judge Kaplan left without saying more. But Worth Street vlog coming - then story. Book on 1st trial:

[p0rtia]

Someone somewhere is doing a definitive list of La Habba's attempted gotchas from today.

Can't decide which I like more: 1) her attempt to impeach Carroll because once she said Montana was great, but later she said she was glad she left Montana, or 2) her attempt to grill Carroll about having an unlicensed gun.

[Rolodex]

Someone somewhere is doing a definitive list of La Habba's attempted gotcha's from today.

Can't decide which I like more: 1) her attempt to impeach Carroll because once she said Montana was great, but later she said she was glad she left Montana, or 2) her attempt to grill Carroll about having an unlicensed gun.

I liked* when she asked Kaplan to recuse himself.

*laughed

[Maybenaut]

I liked,

Habba: Objection! Prejudicial!

Judge: All evidence is prejudicial.

[raison de arizona]

tfg speaks on the day. An exercise for the viewer is an estimation of how much deeper he is digging his hole.

► Show Spoiler

Trump: As you probably noticed. It's a big story that the witness today. The person I never knew I never had anything to do with. It’s a totally rigged deal. This whole thing is rigged. I had no idea who she was. It’s a made up fabricated story

On Judge Kaplan ("a nasty judge").

► Show Spoiler

Trump: That’s a nasty man. He’s a nasty judge. He’s a Trump hating guy

[bob]

I liked,

Habba: Objection! Prejudicial!

Judge: All evidence is prejudicial.

Me as well; if wasn't prejudicial, it likely would be irrelevant.

The correct objection is unfairly prejudicial (see FRE 403), but that would be a greater analysis than the capabilities of Fake Being Smart, Esq.

As the rule's note explains:

“Unfair prejudice” within its context means an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.

[SuzieC]

They know they are screwed, blued, and tattooed in this case before this judge and a NYC jury. They are playing to the MAGAMORON base who will part with their SS checks donating to OSG as fast as their withered fingers can write checks or punch donate. (Hey, before you all accuse me of ageism I have withered fingers.) GO, MAGA base! Spend all your meager bucks on Diaper Don. That will further the collapse of the Republican party.

Personally, I am hoping for a jury award of between 500 million and one billion.

[keith]

Carroll missed a chance there. When asked about Griffin's severed head stunt she could have said that Trump's head looks like it is still attached.

I am assuming the wording reported is verbatim, of course.

[p0rtia]

I also enjoyed the running gag of La Habba trying to figure out how to properly introduce evidence.

[northland10]

Please, please, please let Habba take the stand and question herself.

[Rolodex]

I liked,

Habba: Objection! Prejudicial!

Judge: All evidence is prejudicial.

Me as well; if wasn't prejudicial, it likely would be irrelevant.

The correct objection is unfairly prejudicial (see FRE 403), but that would be a greater analysis than the capabilities of Fake Being Smart, Esq.

As the rule's note explains:

“Unfair prejudice” within its context means an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.

She just heard it on some tv show and thought it sounded like it might work. Bless her heart.

[jemcanada2]

Please, please, please let Habba take the stand and question herself.

It looks like there’s some competition for the TWLITHOTU title. If Orly doesn’t step it up, Alina is going to snatch the crown away from her!

[qbawl]

No one stays on top forever!

[jemcanada2]

No one stays on top forever!

[sugar magnolia]

Initially I almost felt sorry for his lawyer not being able to rein him in. Now I'm wondering if she's egging him on.

[New Turtle]

I wonder if she is now trying to figure out how to enter evidence so she can use it tomorrow for cross examination.

[Uninformed]

I think it’s possible that, although she is undoubtedly out of her depth, Habba knows she has almost nothing to work with and, as has been noted is putting on a performance for tfg. Most of tfg’s supporters are ignorant of court procedures and even if not will happily accept he is being persecuted. Deliberately annoying the judges is just part of the game.

If Habba is actually getting paid then she’s going to end up quite wealthy.

[Reality Check]

Day 3 is underway. The first batch of xeets is up. I will post them here. @threadedreaderapp is slow or not working this morning.

Inner City Press
OK- Day 3 of Carroll v. Trump 2d trial. Carroll still on cross by Habba, Trump not present, at funeral he's said. Inner City Press will live tweet as it did
All rise!
Judge Kaplan: Ms. Carroll, you're still under oath.
[But the jury hasn't been brought in. Some laughter]
Jury entering! [Good mornings exchanged]
Habba: Ms. Carroll, have you spoken to your counsel about your testimony since yesterday?
Carroll: No.

Ms. Habba: I was asking you about the five hour gap-
Judge Kaplan: Ms. Habba, five hours have not been established. You might be well advised to refer to "the tap"
Trump's 2d lawyer Madaio: Your Honor, this is an important point. May we have a sidebar?
[it begins]

They're back from sidebar.
Judge Kaplan: Ladies and gentlemen of the jury, I referred to an email, it may have been a tweet. You'll see it.
Habba: The White House statement was not President Trump's statement, right?
Carroll: It was not.

[Reality Check]

Habba: You are not suing about the White House statement, or the Cut --
Judge Kaplan: This is not clear.
Habba: I'm trying to clear it up.
Judge Kaplan: Let's clear it up - Ms. Carroll, in The Cut it said President Trump denied, you're not suing on that?

Carroll: I am not.
Judge Kaplan: You are suing about what Mr. Trump said, the second time on June 22, right?
Carroll: Yes.
Judge Kaplan: Now it's clear as a bell. Go on, Ms Habba.

Habba: Before the $7000 you were paid for the Cut article -
Judge Kaplan: Argumentative.
Habba: Did you get paid $7000?
Carroll: No, it went to my publisher.
Habba: Did you receive negative tweets before?
Carroll: I wasn't on Twitter in the afternoon.

[Reality Check]

Day 3 from Inner City Press: (EJC Cross x by Habba resumes)
https://threadreaderapp.com/thread/1747 ... 24553.html

► Show Spoiler

Habba: You looked at the tweets in the evening?
Carroll: Yes, in the hotel room.
Habba: And did you look at the time they were sent? Please show the exhibit. What is this?
Carroll: It's a tweet.
Habba: Does it tag your account?
Carroll: Yes.
Habba: This tweet says, Nothing like making up fake news... And this one says, Drop this lie. Do they tag you?
Carroll: Yes.
Habba: And this, is this a reply to your tweet?
Carroll: Yes.
Habba: This person is called Power To the Polish [like, shoes]
Judge Kaplan: The person probably meant Polish [the country]
Habba (laughs) And does it tag your account?
Carroll: Yes.
Carroll's lawyer: We object, under your prior rulings.
Habba: This was before President Trump's statement
Judge Kaplan: It is stricken.
Habba: Ms. Carroll, what is this?
Carroll: A tweet. Yes it tags me.
Habba: It says Your book must need pumping. At 3:22 pm
Carroll: Yes, the tweet is from 3:22 pm.
Habba: And that's before President Trump's statement at 5:17 pm, right?
Carroll: It seems. This one is my post.
Habba: And this reply - I offer it as DX 69.
Carroll's lawyer: This is cumulative. We'll stipulate before 5:17
Habba: You posted, The most dangerous woman is the woman who has nothing to lose - and this reply calls you a lying sack of sh*t - that was before the President's statement was posted, right?
Carroll: Right.
Habba: They would not have been able to speak to you if you were not on Twitter at that time?
Carroll's lawyer: Objection
Judge Kaplan: Sustained. It is striken.
Habba: How about this one from "Rodeo Clown"?
Habba: Is Rodeo Clown replying to you?
Judge Kaplan: Do you have many more of these?
Habba: I have six more.
Judge Kaplan: I'll admit them if there is no objection. But you've taken enough time on this.
Habba: May I be heard?
Judge Kaplan: No.
Habba: This one says, You're a joke, no one would willing touch your ugly ass, this was before 5:17 pm?
Judge Kaplan: Everyone knows the time. What are the numbers?
Habba: DX 72, 73, 74, 75 through 78.
Carroll's lawyer: Can we have copies? I can't read fast enough
Habba: I can't ask abou them? With all due respect-
Judge Kaplan: With. All. Due. Respect - when I rule, you go on.
Habba: So do you-
Carroll's lawyer: Objection.
Judge Kaplan: Sustained. Stricken.
Habba: On what basis?
Judge Kaplan: Move on.
Habba: Wouldn't you agree that negative tweets are not necessarily tied to the President's statement?
Carroll: They follow Donald Trump. They want to emulate him.
Habba: I should you early tweets-
Carroll's lawyer: Objection
Habba: Why do you believe that? How can they emulate if they were before?
Carroll: They are standing up for the man they admire.
Judge Kaplan: Ms. Habba, move on
Habba: Did you authorize the excerpt?
Carroll: I agreed with the final edit and that it should go live
Habba: What is you Substack called?
Carroll: Ask E. Jean.
Habba: You make $70,000 on that?
Carroll: Now it's $100,000.
Habba: And there's royalties?
Carroll: Yes.
Habba: I hate to ask, but how old are you?
Carroll: I'm 80.
Habba: You make more now?
Carroll: Yes
Habba: Your Substack was popular as soon as you started it in 2021?
Carroll: It's a lot of work.
Habba: You make a lot--
Judge Kaplan: Ms. Habba, this is Evidence 101. Ms Carroll, when there is an objection you should sit quietly until I rule.
Judge Kaplan: Ms. Carroll what was your gross income in 2023?
Carroll: $70,000. But now more, I write more --
Habba: How many subscribers?
Judge Kaplan: That was definitely asked yesterday.
Habba: Number of subscribers?
Judge Kaplan: 1800. More on.
Habba: Do you have social security?
Carroll: Yes.
Habba: Do you have a pension?
Carroll: No. But I do have stocks.
Habba: How much?
Carroll's lawyer: Objection, Your Honor.
Judge Kaplan: Sustained.
Habba: Do you consider yourself a financially successful person?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained
Habba: Did you publish a text asking if a person would have sex with Donald Trump for $17,000-
Carroll's lawyer: Objection
Judge Kaplan: Sustained
Habba: You testified you were upset because certain tweets made you appear promiscuous, correct?
Carroll: Correct.
Habba: Did you post sexually explicit tweets?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: I would like to offer DX 80-
Carroll's lawyer: Objection, Your Honor.
Judge Kaplan: Sidebar
[Whispered sidebar ensues]

[Resume18]

Habba: This person is called Power To the Polish [like, shoes]
Judge Kaplan: The person probably meant Polish [the country]

Like shoes . . ?

Bwahahahahahahahahaha!!