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, jury selection that Inner City Press live tweeted here, thread:
OK - now in Carroll v Trump battery & defamation trial jury selection beginning
All rise! Judge Kaplan: We'll start with 48 prospective jurors in the room, and more downstairs who will get the questions in writing. I ask both parties to ensure their clients and witnesses do not say anything to incite violence or undermine the rule of law
Judge Kaplan: If I feel that a prospective juror should be excused, I'll say one word: "Counsel." From that you're to understand that I intend to excuse the juror. If either party believes more questions should be asked, that is your time to raise it.
Judge Kaplan: To move jurors here [26th floor courtroom usually of Judge Kimba Wood] it will take 5 minutes.
OK - Judge Kaplan is back and says, Nothing is as fast as it could be... Ladies and gentlemen, welcome to the Moynihan courthouse, you may become jurors in E. Jean Carroll versus former president Donald Trump. The trial will take 5 to 10 days...
Judge Kaplan: The selection of fair juries is part of the bedrock of our country. I'm the only one that is going to be asking questions. The parties may suggest some to me. Fairness is the goal.
Judge Kaplan: This will be an anonymous jury. Those selected will come into the courthouse not directly but through assembly points, picked up by cars run by the Marshals... This is to protect all of you.
Judge Kaplan: I suggest that you don't use your real names with each other. How ever you want to work it out. I ask all of you to rise and be sworn... OK, the plaintiff is an advice columnist. She claims in the 1990s she encountered Mr. Trump at an NYC store
Judge Kaplan: Ms. Carroll's first claim seeks money damages. You will determine what if anything happened. The second claim is for defamation. She claims that on Oct 12, 2022 Mr. Trump injured her reputation on social media, saying her story is a hoax
Judge Kaplan: Mr Trump as I understand it admits that he made the statement but denies it was false and says Ms. Carroll was not injured. OK, the lady in the leather coat, are you Number 21? You're in Seat 19. The lady in the grey sweater, what's your number? 19.
Judge Kaplan: I am not related to counsel Roberta Kaplan, that we know of. Does anyone in the jury box know these plaintiff's lawyers? No. Does anyone know Mr. Trump, personally. Anyone ever worked for a company owned by Mr. Trump or his family? No.
Judge Kaplan: Who here is registered in a political party, such that you can vote in a primary? Juror Number 60, you answered yes - just to confirm. Those who answered yes, would it make you prejudiced? No affirmative response.
Judge Kaplan: Has anyone given political contributions to Mr. Trump? Anonymous juror mentions a PAC that gave funds to many candidates. Judge Kaplan: Would that influence you? No. Good.
Judge Kaplan: Would that influence you to -- Anonymous juror: No. Judge Kaplan: You have to wait for the question to be finished.
Judge Kaplan: Anyone ever been to a rally for Mr. Trump? No one. Anyone believe that the last presidential election was stolen? No affirmative response. Judge Kaplan: What about the Three Percenters? Communists? Proud Boys? KKK? Thin Blue Line? Anyone been a member? Anyone can't be fair and impartial? No affirmative response. Oh, Number 25. Counsel? Number 25 is excused. Please return your card to Andy...
Judge Kaplan: Anyone ever followed Mr. Trump on social media? No. Every used Rumble or Truth Social? No affirmative response. Anyone follow Jean Carroll? Seems not. Have you read about any allegations of sexual conduct against Mr. Trump? Hold your hands up
Judge Kaplan: Would what you've heard make it hard to be fair in this case? No affirmative response. Heard of any legal cases involving Mr. Trump that would prevent you from being impartial? No affirmative response. Anyone read Ms. Carroll's column in Elle? No
Judge Kaplan: Ever read her on Substack - which I hope my grand nephew and nieces explain to me one day - no affirmative response. Anyone read any books written by either? No. Watched The Apprentice? Please stand up so we can see you.
Judge Kaplan: We are making progress. Have you or anyone close to you been part of a lawsuit, on either side, about allegedly unwelcome touching? I don't mean to pry. If you want, we can speak at the sidebar. Anyone think the 20 year delay makes her less credible?
Judge Kaplan: Anyone think that medical evidence should be required? No affirmative response - wait, my staff passed me a note. I jumped over a question. What about being able to sue a former President? The law is he can be sued. Anyone unable to follow that? No
Judge Kaplan: Anyone believe that a victim of sexual assault could bear some responsibility? No affirmative response. Anyone serve in the military? Officer or enlisted? Any problem with hearing or vision?
Judge Kaplan: Any problem with being on an anonymous jury? No. OK, you must take the law from me. Anyone can't? No affirmative response. No one on the jury can do any research on the case. No Googling. No search engines or encyclopedias, I'm dating myself
Judge Kaplan: Anyone served as a juror before? Number 10, tell us... 10: It was a civil case, it involved a whole bunch of money. Judge Kaplan (chuckles) They sometimes do. Another: A civil case of robbery. He went to the house of another Judge: Too much info
Judge Kaplan: You ma'am -- Ma'am: Criminal case, burglary, we reached a verdict. 81: A civil case, we reached a verdict. Judge Kaplan: Anyone know each other? No affirmative response. Once in a while, it happens... Any hardship cases? No affirmative response.
Judge Kaplan: Hopefully these last 2 questions are obsolete - anyone not vaccinated? Number 8 is the only one. Anyone uncomfortable serving with an unvaccinated person?
Judge Kaplan: Juror 2, could you be fair? Here's where we are - I'll meet with counsel at sidebar. We're getting close to the end. Counsel? [Sidebar] Judge Kaplan: The remaining part involves a few questions to each of you, to give a sense of who you are.
Judge Kaplan: My first time out, I asked poeple's age. They didn't like it. So I don't ask, or, you don't have to answer. Just, what borough and how long. Education, in particular graduate studies. Profession, family, kids, what media do you get your news from
First juror male: I'm 37, associate in cyber security. I work for New York Public Library. One child. Counsel: What about media? A: Randomly. Internet. Judge Kaplan: You'll be in a news blackout on his jury.
2d juror: 65, lives in The Bronx, physical therapist, my wife is an accountant. Four children. CNN. 3d Juror, Number 28: No formal education. Putnam County since 1998. Military for 10 years. One child, I live with my dog. Facebook.
4th juror, Number 44: Dropped out of college. Mumbles on media. 5th juror: JD from Pace Law. LLM from NYU in tax. News? I watch CBS News. And CNN. Read Cape Cod Times. 6th juror, Number 39: I'm 46, The Bronx. HS only. No news. I'm a janitor in a building
7th juror, Number 2: I work as a solutions designer. Five children, 25 to 17. 1 is a Marine. My husband is a minister. News? I like Fox News. 8th juror, Number 81: I'm 55, Westchester, HS, I work in a health care facility. A significant other and 18 year old son
9th juror, Number 72: I'm 31, security in The Bronx, no kids "that I know of" (others laugh). 10th juror, Number 92: Two kids, one 21 this week, sold a business in December. CBS News Radio. Counsel: County? A: Westchester.
11th juror, Number 37: Two kids, 30 and 29. News? I just keep the channels. 12th juror, Number 58: BA, I work in HS. Two childrens. 22 and 26. Bronx... Next: Masters, I am not married, no children. My news? I don't watch. I use social media. Instagram and TikTok
Number 20: Account for real estate company. No kids. Masters. Next: 66, retired former health care. Bronx for 28 years. News from Channel 7. Next row: Number 18: 67, Rockland County, married, wife was HR, I was a dentist for 40 years, 3 grandkids. AM radio
Number 95: Widow in The Bronx. Customer service at an airport. CNN. Next: Widow, masters in physical therapy. Grown daughter. News from multiple sources, I scroll my phone. Next, Number 60: 67, in The Bronx. Retired, was NYC Transit. Cable news, ABC and BBC.
Number 31: I'm 25, born and raised in The Bronx, single. I work at Yankee Stadium. I don't barely watch the news. Number 76: Hello, I'm 33, Manhattan, engaged. I'm a marketing strategy, digital marketing. My fiance works in finance. I listen to The Daily.
Number 17: I'm 42. The Bronx. I have a few masters: HR, psychology, public administration, to name a few. I work for NYC, Dept of Probation. Fox, CBS, not too much Judge Kaplan: What for probation? A: I write pre-sentencing investigation reports.
Number 87: I was the director of operation, now HR. News, Internet, TV. 16: I'm 22. BA in History, pursuing a degree in adolescent education. Westchester. Not married, no kids, local TV and social media. 89: In my 50s, Manhattan, married to a teacher in Chinatown
Number 68: I'm 45, live in Manhattan, married with two year old son. Data analyst. My wife is in import/export systems. News is tough with a 2 year old. Number 36: Westchester. A wife and two cute toddlers. I am in I.T. and for news: CNN, Fox, MSNBC.
Number 79: I'm 24, maintenance worker, City College drop out, social media. 84: I work in retail now, I don't have a TV, but when I can, I try to sample a lot. Number 66: I'm 48, Manhattan, Master in Fine Act, workforce planner, no kids, news from PBS & NPR.
Number 51: Biomedical engineering student, no news. Number 62: 59, Westchester, no formal education, three sons, wife in the schools. I watch Channel 12 news. Judge: What does she do in the schools? A: A chef. Next: 11 year old son, JD, literary agent, Twitter
Next: HS diploma. Not a big news guy. Judge: Counsel, any further questions? No. Now we'll take a 10 minute recess to give counsel time to decide what they're going to do. Each side can excuse up to 3.
Judge Kaplan is back and says, "We have selected the jury. Andy is going to read out the names. Opening statements after lunch. Andy? Andy: Jurors will be Numbers 10, 48, 44, 39, 77, 81, 37, 58 and 80. Judge Kaplan: Those nine, your lunch will be brought up.
Judge Kaplan: We will resume at 2:45 [Good - Inner City Press can run and cover the Magistrates Court and other cases, also... UN] Judge Kaplan: If you weren't called out, to Room 160. If you want lunch, it's on the government, that doesn't happen a lot (laughs)
Then opening arguments, thread here:
filing on Patreon here.
More on Substack here.
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