by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Jan 16 – The Saturday before the second E. Jean Carroll versus Trump trial was to begin, Trump's lawyers filed a letter arguing that Carroll's Anderson Cooper 360 interview should be able to be played for the jury. Letter on Patreon here.
The trial, set for jury selection on January 16 before U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan, had it scope limited in a series of rulings by Judge Kaplan. Many issues, he ruled, had been resolved in the first trial (which was live tweeted by Inner City Press, book here)
On January 16 Inner City Press live tweeted the jury selection, Carroll's opening and then, for Trump who left before 2 pm, Alina Habba's, here
Alina Habba: I represent former president Donald J. Trump. This is about two statements. Two. The other side will attempt to paint Ms. Carroll as losing everything
Habba: President Trump defended himself when publicly accused -- Carroll's lawyer: Objection, Your Honor! Judge Kaplan: Don't go much further. Habba: Her career has prospered. She has been thrust back into the limelight like she always wanted
Habba: She has to prove that she actually suffered harm, attributable to two statements. Two. She will allege two types of harm, compensatory and punitive... This case is about defamation, not assault. You're not here to make her whole from that.
Habba: These days, the Internet always something to say and it's not always nice. She waited 30 years, when she was making less-- Carroll's lawyer: Objection! Judge Kaplan: Basis? Carroll's lawyer: "She waited 30 years" Judge: Overruled
Habba: They just said, He unleashed his followers. But before he spoke her name she was being denounced as a liar. Now she wants President Trump to pay for the mean tweets. Ms. Carroll enjoyed controversial discussions in the public. She liked that
Habba: She wrote about "frigid women." And "a dog in heat... Men Catching Made Easy, Mr. Right, Right Now." And "What Do We Need Men For"? These books featured her face on the cover. She moved from Montana to NY because the quiet life didn't suit her
Habba: Her career was dwindling in 2014. She needed a spark. Even this book was not met with critical acclaim. Her interviews were about Donald Trump, not the book. Even her own close friends thought her head was getting too big
Habba: It is no secret that if you speak about President Trump you will elicit reactions, positive and negative. Should he foot the bill? The evidence I will show you will show you that Ms. Carroll's conduct has caused this media frenzy. She chose New York Magazine
Habba: If you make explosive allegations against a sitting president, any sitting president, you will spark a reaction. There were scores of tweets directed at her in the five hours after she posted her story in The Cut, which paid her, before any Trump statement
Habba: She was fully enjoying the attention. We will ask Ms. Carroll to confirm that she felt she was in a cocoon of love after the publication. She has become an advocate, this has become part of her identity because that was her plan. She will continue
Habba: She has gone on podcasts she couldn't possibly have been on.. to increase her public profile. Duty to minimize the effects, it's not my client's duty, it's hers. She spread the message far and wide. She was the catalyst of her own harm.
Habba: This is about mean tweet from Twitter trolls. She has to show they are from my client's two statements. She went on TV. Again and again and again. Duty to mitigate. Ms. Carroll has made Trump the focal point of her new identity
Habba: She has been monetizing her brand for years, she had plans to continue doing so. Her social circle has changed. She is widely regarded as an anti Trump person, she hands out with Mary Trump, a vocal critic of her uncle. A new book, a romance, is planned
Habba: She is friends with Kathy Griffin, shown her - I would not allow my child to post it, holding a replica of President Trump's severed head. She got what she wanted. It's up to you now. See through this charade - tell her, just as they said, it is enough
Habba: She craves fame and has, long before Trump. They have to be able to prove to you that the harm is because of those two statement that he said, nothing else. They will not be able to do that. Their expert has never executed a reputation repair campaign
Habba: They want President Trump to pay her money to pay social media influencers to post messages. It is severely flawed, I will walk you through it. Their expert ignored any positive she has experienced. Their expert left out whatever doesn't serve their case
Habba: So why are we here? Your task is to determine, the judge will articulate what he wants you to determine- Judge Kaplan: The judge will NOT articulate what to determine, only the law Habba: I was trying to avoid an objection Judge Kaplan: You've done it again
Habba: She wants another award. Your job is to give her more money. But regardless of a few mean tweets, she has more famous than ever before. They cannot fulfil their burden. Thank you for your time. Judge Kaplan: We'll resume tomorrow.
More on Substack here
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