By Matthew Russell Lee Patreon Book Substack
SDNY COURTHOUSE, Sept 6 – After the verdict against Donald Trump for $83.3 million in mostly punitive damages to E. Jean Carroll, Trump's lawyer wrote to the judge that "defense counsel learned for the first time of allegations that Your Honor, while a partner at the Paul Weiss firm, had a “mentor” type relationship with Plaintiff’s lead counsel, Roberta Kaplan."
On September 6 when the appeal was heard - Inner City Press live tweeted it, below -- Roberta Kaplan told the three judges of the Second Circuit that Judge Kaplan was not her mentor. Thread:
All rise! Judge: You may proceed. Trump's lawyer: This case is a textbook example of implausible allegations being propped up by inflamatory claims. The plaintiff has a political story, funded by President Trump's enemies Judge: We defer on factual issues
Trump's lawyer: The Access Hollywood tape should never had come in - Judge: In some cases, propensity evidence is allowed. Trump's lawyer: But not here. Judge: If defendant put his hand up her skirt, why wouldn't that qualify? Trump's lawyer: Look at Rogers case
Judge: Is there anything about the Third Circuit's understanding you would have us depart from? Trump's lawyer: There are a lot of 3d Circuit cases... Look at the Stoynoff, I mean Leeds, testimony-
Judge: You're speaking too fast.
Trump's lawyer: Your honor, I see that my time is expiring [It's 10:10 am] Judge: We'll hear from you on rebuttal. Ms. Kaplan? Roberta Kaplan for E. Jean Carroll: Judge Perez, you don't have to decide the jurisdictional question here. There was a statute in 1979
Roberta Kaplan: Judge Kaplan has a lot of experience - he is neither related to me nor is he my mentor. Donald Trump assaulted E. Jean Carroll and the defamed her. We called 11 witnesses. Ms. Carroll said, When you are not a screamer, you wouldn't scream
Judge: What about Congress? Roberta Kaplan: Susan Molinari of Staten Island was involved - this was an attempt at sexual conduct. Judge Kaplan found a cross reference to knowingly using force, breast or inner thigh. My adversary says, Not a crime in 1979
Judge: I thought your opponent said the predecessor crimes was rape- Roberta Kaplan: Not, simple assault. On an airplane, the defendant touched, I'm sorry, her tush. Mr. Trump didn't lead Ms. Leeds into a private area. But he said the same thing about all three
Roberta Kaplan: We had a psychological witness who said she believed Ms. Carroll. Judge: That witness heard a report, rather than witnessed anything. 2d Judge: You could lose all the propensity evidence and still win? Kaplan: Access Hollywood was an admission
Roberta Kaplan: Mr. Trump is here today. He could have taken the stand. He did not put on a single witness. So we put in the Access Hollywood tape, he said, I grab women by the p*ssy Judge: Thank you for your time.
Trump's lawyer (rebuttal): You have to find that it did not influence the jury. You can't, with a straight face. The outcry witnesses were prejudiced, calling Mr. Trump herpes you can't get rid of. Judge: Isn't the Access Hollywood tape a confession?
Trump's lawyer: That's not how they used it. Judge: Your time has expired. We'll take this under advisement
More, including predication, on X for Subscribers here and Substack here
Back on January 29 a very first book was published about the trial and what it might mean:
"Trump Trial II: Punitive Damages and Vow to Appeal: From the SDNY Trial to the 2024 Trail," by Matthew Russell Lee - Ebook here (with audiobook and paperback ).
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