by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, April 25 – In case of E. Jean Carroll v Trump, on September 27, 2022, a three-judge panel of the Second Circuit Court of Appeals ruled to reverse the District Court’s holding that the President of the United States is not an employee of the government under the Westfall Act Full decision(s) here.
On September 28, 2022 Trump's lawyer Alina Habba wrote to Judge Kaplan asking that he change the caption of the case - and stay it.
On February 7, 2023 Judge Kaplan held a proceeding with Carroll's and Trump's new lawyer. Inner City Press live tweeted it here.
On April 11, Trump's lawyer Joe Tacopina filed a letter past 10 pm asking Judge Kaplan to delay the Carroll trial for 4 weeks due to publicity, attaching the transcript of Trump's arraignment before Judge Merchan. Letter on Patreon here.
On April l7, Judge Kaplan denied the request, starting: "Mr. Trump seeks a month-long postponement of the April 25, 2023 trial...The suggestion that the recent media coverage of the New York indictment – coverage significantly (though certainly not entirely) invited or provoked by Mr. Trump’s own actions – would preclude selection of a fair and impartial jury on April 25 is pure speculation." Full order on Patreon here.
On April 25, after a jury selection that Inner City Press live tweeted here, opening arguments, thread here:
Judge Kaplan: Mr. Trump has not been charged criminally for the conduct Ms. Carroll alleges. She alleges battery - and we are not talking about the little bunny that powers your radio. Battery is the unjustified touching of another person [etc]
Judge Kaplan: As jurors, you cannot Google. You cannot tweet. I've talking to you about Blackberries, you just can't do that. If you become aware that another juror has done so, you have to let me know, through Andy. Try not to form any opinion until the end
Judge Kaplan: We'll have opening statements now. To me, opening statements are like movie trailers. Sometimes they are an accurate advertisement, sometimes not. Who's opening for the plaintiffs? Ms. Crowley. Crowley: I'd like to take you back to 1996...
Crowley: Ms. Carrolll was leaving Bergdorf Goodman's. She ran into Trump, who she knew. He asked her to help him choose a gift, lingerie. They were in the dressing room. He pulled down her tights and sexually assaulted her
Crowley: Ms. Carroll got away. She told two friends. Later she swore them to secrecy, after threats. Eventually silence became impossible. In 2017 she began a book, it turned into a memoir. She included a chapter about Trump's assault
Crowley: Donald Trump's response to the book was explosive. From the White House, he said, She's not my type. We know what that means: too ugly to assault. He branded her a liar and a fraud.
Crowley: I am proud to represent Ms. Carroll in this trial. This is a roadmap. Donald Trump assaulted her in 1996, then defamed her. You'll hear about it all. Donald Trump responded with vicious lies meant to destroy her. You'll hear from others - her friends...
Crowley: You'll hear from two Bergdorf Goodman employees. And Ms. Carroll's sister, and former boss at Elle Magazine. Ms. Carroll came from Indiana, sold her first piece of writing at 36 & moved to New York. She wrote for SNL in the mid 90s. She had "Ask E Jean"
Crowley: You'll hear Ms. Carroll testify. She finished filming her TV show in Fort Lee NJ then went to Bergdorf. She headed to the exit on 58th Street - Donald Trump was coming in. This was pre Apprentice. Trump recognized her, she was a well known writer
Crowley: Trump said, Hey! You're that advice lady! Ms. Carroll said, "Hey! You're that real estate tycoon." She agreed to help choose a present. He suggested lingerie on the sixth floor. It was empty. Trump picked up a body suit and told Ms. Carroll to try it on
Crowley: You may ask, Why on earth would Ms. Carroll let Donald Trump lead her into a dressing room? She blamed herself. But at the time, she thought the random encounter was funny. She didn't see him as a threat. But she was wrong. Trump banged the door closed
Crowley: He was a big man, had easily 100 pounds on her. He jammed his hands up, into her. He forced his p*nis inside her. It lasted a few minutes, she fled. You're going to hear from her. She will describe it all. I expect you will find it credible and convincing
Crowley: The question is whether Donald Trump was lying in his October 2022 Truth Social post. At the end of the trial we'll speak to you again. Judge Kaplan: We'll take a 10 minute break.
OK they're back. Trump's lawyer Tacopina: People have strong feelings about Donald Trump, one way or another. And it's OK to feel how ever you feel. You can hate Donald Trump, it's ok. You express that at the ballot box, not a court of law
Tacopina: While no one is above the law, no one is beneath the law. Politicians don't make this country great, jurors do. If you follow the facts, justice will be served. What is paramount is the rule of law. What E. Jean Carroll is doing is an afront to justice
Tacopina: She is exploiting true rape victims, for money. You cannot let her profit for her abuse of this process. This case must be decided on the evidence. Let's look at her story: in some unknown season- she's said 1995 or 1996, she says she was violently raped
Tacopina: She would have you believe Donald Trump was going to try on lingerie over his suit pants. These other two never made a claim. E Jean Carroll's story is unbelievable. They use a foolish statement 20 years ago, locker room talk - it's not an admission
Tocolina: They put up tweets. A 25 year old quote. Tweets from someone who may or may not have been a Trump supporter. They say the Bergdorf witnesses will confirm every detail of the assault - mark those words. What are they going to confirm, a lingerie dep't?
Tacopina: Just buckle in and listen to their story. The opening statement is supposed to be a promise - not a politician's promise. Let's talk about the lack of details. E Jean Carroll can't tell you the date, the month, the season, not even the year
Tacopina: She doesn't want to give Donald Trump the opportunity to provide an alibi. There's no date. Instead she says she was raped on some unknown day, 27 or 28 years ago. 8 or 9 year before that, they were at a gala. Trump was with John Johnson, Channel 11
Tacopina: E Jean Carroll says they took escalators up to the sixth person, but she didn't see a single other person. Not a soul. It was like the Walking Dead. She says Donald Trump picked up a piece of lingerie. The dressing room are usually locked. Not now though
Tacopina: She says Mr. Trump lunged at her, that the noise was so loud that anyone on the floor would have heard it. How did she react? She laughed, she says. Her story continues: Donald Trump violently raped her up to 3 minutes. She, on high heels, pushed him off
Tacopina: She somehow held on to her purse. She never screamed. She wrote the escalator down, seeing no one. She walked out of the store. She can produce no objective evidence. No record of injuries. No doctor or therapist. No video preserved
Tacopina: You've heard what a fabulous writer she was. But there's nothing in her diary. No police report. She was an advice columnist who told her readers to report men to the police. She once called the police on teenagers who vandalized her mail box.
Tacopina: We're going to learn she says she kept the dress for 25 years. She says she only realized she was raped until her friend told her she was raped. They were not, in fact, best friends. She would not have told either one of them.
Tacopina: These are people who desire to be in the spotlight. All three loath Donald Trump politically. They schemed to turn Donald Trump politically. Schemed. Martin emailed Carroll, "This has to stop," referring to Donald Trump. Carroll replies, Yes...
Tacopina: E Jean Carroll came up with this to sell a book, to hurt Trump politically and inject herself into the spotlight. Her life has never been better. She says she's been fabulous. She's making money, appearing on TV, after revelation of this painful rape
Tacopina: She went on CNN and talked to Anderson Cooper about this rape. You'll see her basking in the spotlight. She became a celebrity and loved every minute of it. The story became the center of her life and of her lifestyle
Tacopina: She called him a rapist. Of course he exploded. Evidence will how E Jean Carroll is in fact lying. While at a party, she met an attorney called George Conway, a lawyer and critic of Donald Trump who spoke to her about suing- Carroll's lawyer: Objection!
Judge Kaplan: Sustained! Jury will disregard.
Tacopina: You'll hear that if Donald Trump is faced with so many lawsuits, he won't be able to run for President. But the stories don't match up. Him calling her a liar is the truth. She suffered no harm - the contrary
Tacopina: Our defense will come from their witness. Their witnesses. That's our entire defense. And some sworn testimony from Donald Trump that you're going to see, in his own oath video deposition
Tacopina: I don't want to detract from the focus on her story. He says some snarly things. That's understandable. You have to decide if you believe the story or not. At the end, decide on the evidence, not politics. If you do, she will not be able to deceive you
Tacopina: She gives a walking tour, most hideous men in New York talking tour, to sell her book. She stops in front of Trump Power. She smiles from ear to ear. Thank you for indulging.
Judge Kaplan: See you tomorrow.
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