by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Jan 3 – 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."
For the next Carroll v. Trump trial, on December 28, 2023, Trump's lawyers put in his exhibit list, including that "Defendant designates only because the issue of whether the “Access Hollywood” tape is admissible at trial remains pending before this Court, and Plaintiff’s designations on this issue, and reserves all rights on appeal" - full six page exhibit list on Patreon here.
On January 3, 2024, E. Jean Carroll's lawyer put in a letter asking Judge Kaplan to, among other things, "end an order precluding evidence, examination or argument related to the Carroll II jury's determination that there was insufficient evidence that Trump raped Carroll within the technical meaning of NY Penal Law."
Back on July 26, docketed July 27, the office of Manhattan DA Bragg wrote to Judge Kaplan seeking his approval for E. Jean Carroll's lawyers to given them the video of their deposition of Donald Trump on October 19, 2022 - which Inner City Press already published in full on YouTube here
This would be for use in the criminal "hush money" case recently remanded to state court by SDNY Judge Alvin K. Hellerstein.
On August 7, Judge Kaplan denied Trump's counterclaim(s) - "Ms. Carroll's motion to dismiss Mr. Trump's counterclaim (Dkt 174) is granted. Her motion to strike Mr. Trump's affirmative defenses (Dkt 174) is granted in part and denied in part as follows: (1)Mr. Trump's first and twelfth affirmative defenses are stricken in their entirety. (2)Mr. Trump's fifth and fifteenth affirmative defenses are stricken except to the extent, if any, that they relate to Mr. Trump's June 24, 2019 statement. (3) Mr. Trump's third affirmative defense is stricken to the extent it asserts an absolute presidential immunity defense, and is not stricken in any other respect, if there is any. It is denied in its remaining respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/7/23) Full order on Patreon here. Watch this site.
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 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
On August 2, Carroll moved for partial summary judgment, noting that since New York abhors any second bite at the apple, only the question of damages remain. She filed her expert report, now on Patreon here
Watch this site.
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 October 11, 2023, Judge Kaplan - amid his SBF trial - issued this: "ORDER, The Court hereby establishes the following procedure. 1.On or before October 19, 2023, each party shall file a memorandum of law setting forth its position with respect to whether Mr. Trump defamed Ms. Carroll in his June 24, 2019 statement and the bases for its claim. Any response to any such memorandum shall be filed no later than October 26, 2023. Any reply shall be filed no later than November 2, 2023. 2.Any party objecting to the use of an anonymous jury in the trial of this case shall file any objections no later than October 13, 2023. Any response to any such objection shall be filed no later than October 18, 2023. 3.Any updated joint pretrial order shall be filed no later than November 10, 2023. 4.The parties shall file their proposed special verdict forms and jury instructions no later than November 15, 2023. SO ORDERED. ( Pretrial Order due by 11/10/2023.) (Signed by Judge Lewis A. Kaplan on 10/11/23)"
Back 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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