"Overruled. Sit down!" Trump Rape Payout Trial Disaster

Synthaholic

Diamond Member
Jul 21, 2010
71,539
51,518
3,605
*
Here is a live tweet from the trial.



OK- Day 2 of Carroll v. Trump 2d trial. Trump has entered the courtroom, seated in red tie at defense table with Alina Habba. Carroll will be the witness. Inner City Press will live tweet as it did 1st trial (incl in this book ) thread below


All rise!
Judge Kaplan: The delay this morning was caused by a transportation problem. Before the jury comes in, I have the following questions of law after yesterday's defense opening. Is mitigation of damages an affirmative defense? Is it waived?
Judge Kaplan: Is the defense even applicable to a defamation case? If so, which side has the burden of proof, and what must be proved to satisfy that burden. There is a NY Court of Appeals case, it is 226 NY1, Sun Printing - and App Div in Caine, find it
Habba: I would like to address what your Honor is recommending in writing overnight - you're proposing an instruction, right?
Judge Kaplan: I want briefs on Friday before 4pm.
Habba: My client & I wish to point out Ms. Carroll can sit in front of jurors every day
Habba: But my client has to choose between attending his mother in law's funeral --
Judge Kaplan: I have ruled. Sit down.
Habba: I don't like to be spoken to that way. Please refrain. I am asking for an adjournment for a funeral.
Judge Kaplan: Denied. Sit down.

Judge Kaplan: Bring in the jury.
Robbie Kaplan (RK): Plaintiff calls E. Jean Carroll.
RK: Where do you live?
Carroll: In upstate NY in the mountains, in a small cabin.
RK: Why are you here?
Carroll: Donald Trump abused then defamed me and shattered my reputation
RK: Has Mr. Trump continued to lie about you?
Carroll: He lied Sunday, and yesterday.
Habba: Objection - non responsive, and not at issue here.
Judge Kaplan: Certainly relevant to damages. Overruled.
RK: How was your reputation shattered?
Carroll: Yesterday on Twitter I saw, Hey lady, you're a fraud. Previously I was a columnist. Now I'm known as a wack job. People don't write to an advice columnist that's being attacked like this.
RK: In the first case, what were your claims?
Carroll: Assault and defamation.
RK: When was the assault?
Carroll: 1996.
RK: How long did the trial last?
Carroll: 2 weeks.
RK: Who cross examined you?
Carroll: Joe Tacopina
Habba: Objection
Judge Kaplan: Substained.
RK: Where did you grow up?
Carroll: Indiana. My mother was a volunteer for the Republican Party
Habba: Objection, relevance.
Judge Kaplan: Background.
Habba: You ruled no politics
Judge Kaplan: Fair enough.
RK: How did your parents raise you?
Carroll: Small school house. They had 2 rules: smile and look on the bright side. I wanted to be a writer.
RK: Where'd you go to college?
Carroll: Indiana University. I was a cheerleader.
Carroll: I was nominated for a beauty pageant.
Another Trump lawyer: Objection
Judge Kaplan: Who said that? This is not tag team.
RK: How did you become a writer?
Carroll: After 20 years of negativity, I got my first piece accepted at age 46. I taught gym in Idaho
Carroll: I was found in the slush pile at Esquire. Then other doors opened. I wrote for Rolling Stone, New York
RK: Did you move to New York City?
Carroll: In 1980 or 1981. I said, I love it here. And I stayed.
RK: How'd you become an advice columnist?
Carroll: Elle gave me a column in 1993. People ask questions, my answers were published. Ask E Jean.
RK: What is this photo?
Carroll: This is me [in a loosely tied tie] Dec 1995
RK: What kind of questions did you get?
Carroll: The comedy and drama of life. Mostly, How do I get my husband to take my showers? And, How do I get my wife to let me get back in bed and off the couch. I had 80% women, 20% men. I broke with the past
Carroll: I was all about taking action. Lead an adventurous life. It was light hearted - but deeply serious. I had a TV show too.
RK: When:
Carroll: 1994 to 1996, then the channel I was on became MSNBC. My channel was started by Roger Ailes.
RK: Did you appear on other TV shows?
Carroll: Yes, GMA, The Bill Maher Show, Anderson Cooper, the shows that were on every day. I could be slotted in for four minutes
RK: How often were you on TV?
Carroll: Often
Habba: Objection - too broad
RK: Most recently?
Carroll: Today Show, weekly, 2015 to 2016.
RK: Have you written books?
Carroll: Five. A bio of Hunter Thompson. A book of essays. A memoir.
RK: This is "Female DIfficulties." Forgive me, but it looks a little dated.
Carroll: It's from 1983
RK: Put up the Hunter S. Thompson biography.
Carroll: He's the astonish journalist. I wrote it between 1991 and 1992, it was published in 1993. It was extremely well reviewed. The reviewers were all journalists and they all loved Hunter.
RK: And this book?
Carroll: It's about what women think --
Habba: Objection, vague. What women think --
Judge Kaplan: Ms. Habba, when you speak in this courtroom or any other courtroom you'll stand up
Carroll: Women were very blunt, in Alabama and Arkansas & Ohio - they were thrilled to talk to a journalist.
RK: When did you start writing it?
Carroll: 2017. It was published in 2019.
RK: Was Donald Trump initially on your list?
Carroll: No. But I was overwhelmed
 
RK: What did you say about Mr. Trump in that book?
Carroll: That we met outside of Bergdorf's... He asked me to help buy a gift. We went to the lingerie department
Judge Kaplan: Ms. Habba?
Habba: Objection. Already determined.
RK: How many pages about about Mr. Trump?
Carroll: Nine. Ms. Kaplan, may I have my glasses? They're in my purse. Good luck finding them in that bag
Habba: I object. This goes to the underlying facts.
RK: We can redact it further. They've had this a long time
Judge Kaplan: I'm advised that the version on the screen is not redacted.
RK: This is what Mr. Trump reacted to.
Judge Kaplan: Ms. Habba, what about that?
Habba: The president denied an allegation on the White House lawn from a reporter.
Habba: We can't ask her about the other men, that she claimed assaulted her.
Judge Kaplan: I don't get what you said but I'm going to sustain it anyway.
Habba: Move to strike.
Judge Kaplan: To strike what?
Madaio: Ms. Kaplan read it.
Judge Kaplan: Mr. Madaio...
RK: What an excerpt published?
Carroll: June 21, 2019 in New York Magazine.
RK: What time of day?
Carroll: The NYT was going to publish an article about the book, that caused NY Magazine to rush it out on Friday, in the afternoon. They jumped the gun
RK: Did the excerpt include the assault by Donald Trump?
Carroll: yes.
RK: Yesterday Ms. Habba talked about a five hour interval. Did the except include a denial?
Carroll: Yes, a denial from the White House
Habba: She is waiving the ability for me to cross examine
RK: Had you told anyone publicly the story about Mr. Trump?
Carroll: No.
RK: Did it factor in, that he was President?
Carroll: Yes. I went ahead and did it.
RK: Did you expect him to respond?
Carroll: I thought he'd say it was consensual.
RK: Is that what he did?
Carroll: No. He said my false accusation damaged the real victims of sexual assault, that is a lie
Habba: Objection
Judge Kaplan: On what ground? In one word
Habba: She is not a lawyer
Judge Kaplan: Overruled

RK: Have you paid dearly?
Carroll: Just about as dearly as it is possible to pay.
RK: What is this document?
Carroll: An announcement by the Office of the Press Secretary.
RK: Move to admit.
Judge Kaplan: Received.
Carroll: He said that numerous women had been paid to make false accusations about him and that these women did very well --
Habba: Objection
Judge Kaplan: Overruled.

Carroll: It was untrue. I was not paid.
RK: What about paying dearly?
Carroll: He said people like me should tread carefully -
Habba: Objection
Judge Kaplan: Overruled.

RK: What is the context of these statements by Mr. Trump?
Carroll: He's on his way to the helicopter, questions from journalists
RK: What's this from The Hill?
Carroll: It's partially about me.
Habba: Objection. It's not part of this case.
Judge Kaplan: Overruled...Jurors, this statement is not part of the application for damages.
RK: What's new here?
Carroll: It said, I'm not his type
Carroll: He said, I'm not his type. Meaning, I'm too ugly-
Habba: Objection - speculation.
Judge Kaplan: Overruled. You can cross examine.

Carroll: The president called me a liar 26 times. It ended the world I had been living in. I'm in a new world.
 
Last edited:
RK: What next?
Carroll: I was attacked. On Twitter. On Facebook. It was a new world.
RK: What is this?
Carroll: A Facebook chat, directed to me.
RK: Do you know the author?
Carroll: No. It was June 21, 2019, at 6:09 pm
RK: What is UCT?
Carroll: Universal time code
RK: What is this?
Carroll: A message on Facebook. The Monday, June 24, 2019.
RK: What does this person say?
Carroll: He talked about how ashamed I should be, I made it harder for the true victims of abuse.
RK: Did Donald Trump say that?
Carroll: Yes.
RK: How often do you receive such messages?
Carroll: Sometimes 100s a day.
RK: What are the themes?
Carroll: That, You are a liar... You hurt victims... You are ugly. Those are first three.
RK: And your motivations?
Habba: Objection. We were ordered not to discuss
Judge Kaplan: Sidebar
[Whispered sidebar ensues, then they're back]
RK: Let's start with messages calling you a liar.
Carroll: This is a Facebook chat. She says, She was not going to ask me for advice.
RK: This asks how much George Soros paid you. Who is he?
Carroll: A rich old man.
RK: Did you pay you?
Carroll: No.
RK: Do you know anyone at the DNC?
Carroll: No.
Habba: I will be addressing this on cross
Judge Kaplan: We'll see. I don't need announcements
Judge Kaplan: I make the rulings here.
Habba: I was just --
Judge Kaplan: Sit down.

RK: How many requests for advice did you get per month?
Carroll: Two hundred a month. Now only eight.
RK: Is this is good time for a morning break?
Judge Kaplan: Yes. 15 minutes.
[Thread will continue - during the above, in Menendez criminal case, Judge Stein has set a deadline for response to Inner City Press and NYT bids to unseal
Thread will continue below
 
What a prick this guy is. "I don't give a fuck if you client's mother-in-law is dead, sit down you skanky twat."
This is the real world. I had a judge that would not give me a one day continuance to go to my mother's funeral. His exact words "This is the real world."
 

Forum List

Back
Top