by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, July 26 – During the "Carroll II" trial of E. Jean Carroll versus Donald Trump, both sides put in exhibits, but no defense exhibits were made available to the public or press, see Inner City Press filing and below.
On May 11, Trump filed a notice of appeal to the 2d Circuit "from [178] Judgment,,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-27729258. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit."
On May 22, Carroll's lawyer filed a proposed schedule for the earlier, Carroll I case, with briefing through July 31. Letter on Patreon here.
In Trump's amended answer, in late June a counterclaim targeted at Carroll's post verdict comments on CNN: "on May 10, 2023, Counterclaim Defendant appeared on CNN for a television interview (the “Interview”), following the jury verdict on May 9, 2023, in the case of E. Jean Carroll v. Donald J. Trump, Civil Action No. 22-cv-100165 (“Carroll II”). 4. During the Interview, Counterclaim Defendant was specifically asked about the jury unanimously finding Counterclaimant not liable for rape in Carroll II. 5. In response to that specific inquiry, Counterclaim Defendant disregarded the jury’s finding that Counterclaimant did not rape her, and replied: 'oh yes he did, oh yes he did.'"
On June 29, Judge Kaplan denied summary judgment.
On July 26, "LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 7/25/2023 re: We write on behalf of Plaintiff E. Jean Carroll with respect to Your Honor's July 19, 2023 Order directing each party to "file a motion setting forth precisely each fact or proposition of law, if any, as to which the moving party claims Carroll II has preclusive effective in this action." ECF 178. We understand this Order as directing the parties to submit any targeted summary judgment motions they may wish to make in Carroll I raising preclusion arguments based on Carroll II." Then Carroll's counsel's letter said the second trial should only be about narrow issues of damage. Letter on Patreon here
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On May 24, Judge Kaplan set a schedule: "ORDER, 1.Any response to plaintiff's letter of May 22, 2023 shall be filed on or before May 26, 2023."
On May 26, Trump's lawyer Alina Habba wrote that "Plainly stated, the jury in Carroll II found that the alleged rape did not occur. However, the entire Complaint in Carroll I contains allegations of purported defamatory statements arising from this precise allegation – not a purported sexual assault." Full letter on Patreon here.
On June 5, Habba filed a memo opposing the request to amend, arguing, "Plaintiff’s Amended Allegations Unduly Prejudice Defendant II. Plaintiff’s Motion Should Be Denied Because of Plaintiff’s Undue Delay III. Plaintiff’s Motion Should Be Denied Due to Futility IV. This Court Should Permit Defendant to File a Supplemental Motion for Summary Judgment in Light of the Carroll II Verdict. " Full memo on Patreon here.
On June 9, after DOJ asked for more time, Carroll's lawyer wrote, "DOJ’s letter makes clear that the United States no longer stands by its original Westfall Act certification of Defendant Donald J. Trump. As DOJ explains, that decision rests not only on the recent filing of a proposed amended complaint, but also on other intervening legal and factual developments, including the ruling of the D.C. Court of Appeals, Trump’s deposition, and the Carroll II jury verdict.. there is simply no merit to DOJ’s claim that it cannot even commence its Westfall Act analysis until this Court rules on the motion to amend." Full letter on Patreon here.
On June 12, Carroll's counsel filed a reply to amend the complaint, saying that Trump is dreaming up a multiverse. Full filing on Patreon here.
On June 13, Judge Kaplan granted Carroll's motion to amend.
On June 15, Judge Kaplan set the trial date: ORDER, Unless this case previously has been entirely disposed of, trial of this action shall commence on January 15, 2024 absent contrary order of the Court. ( Jury Trial set for 1/15/2024 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 6/15/2023).
On June 8, Tacopina filed a motion in Carroll II, for a new trial, arguing against double recovery and that Carroll, if anything, has increased her income after the statements. Full 25 memo on Patreon here.
On June 22, Carroll's counsel opposed any new trial, including a transcript from the NYS MeToo case of Breest v. Haggis, which Inner City Press also covered, here.
More on Substack here
On June 23, Trump's lawyer Tacopina said he'll put up over $5 million - to the court: "We write to respectfully request that the Court so order the enclosed Stipulation and Proposed Order Regarding the Use of a Cash Deposit in Court as Security in Lieu of a Supersedeas Bond. The cash deposit will be in the amount of$5,550,000, which is 111% of the judgment amount and is consistent with the traditional security percentage of supersedeas bonds. Additionally, my office is currently holding $5,550,000 in trust" - full letter on Patreon here
Back on May 9, after less than three hours of deliberation, the jury awarded E. Jean Carroll $5 million damages. Inner City Press live tweeted it, thread here
Hours later, Inner City Press published the first book about the trial, "Trump Trial I: Press Access Hollywood in the SDNY Court," by Matthew Russell Lee, e-book here, paperback soon here
On May 4, Inner City Press filed a written request to Judge Louis A. Kaplan, copied to each party, requesting that the exhibit be released, and several motions be unsealed.
On Friday May 5, Carroll's counsel made some but not all exhibits available to the press on DropBox, including portions of her deposition of Donald Trump.
Inner City Press published that on YouTube, it was reported for example here.
On Sunday, May 7 before 5 pm, Inner City Press filed this
Carroll I is Carroll v. Trump, 20-cv-7311 (Kaplan)
More on Substack here.
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