E. Jean Carroll defamation case: Judge denies Trump's motion for mistrial

Former President Trump has been twisting and turning in his seat at the defense table as prospective jurors answer the judge's questions about their political affiliations, voting habits, campaign donations, and any experience with sexual assault -- and whether they ever watched The Apprentice or read E. Jean Carroll's advice column in Elle magazine.

As another columnist was known to say, "Only in New York, kids."

One prospective juror, number 68, affirmed that he donated to Trump's campaign, followed him on social media, and believed that the 2020 election was stolen from Trump by President Joe Biden.

Prospective juror 63 was excused after he said that his knowledge of Trump's criminal indictments -- of which there are four that the former president is currently facing -- would impact his ability to be fair and impartial.

The majority of prospective jurors signaled they were registered to vote, prompting the judge to ask if they had voted in 2016 and 2020. Trump turned to look at those who answered in the affirmative.

Three prospective jurors said they had donated to Trump's campaign. Eleven said they donated to either the Obama, Clinton or Biden campaigns. At least 10 watched "The Apprentice."

Judge Kaplan explained the case to prospective jurors, saying, "Ms. Carroll sued Mr. Trump for defamation for certain statements he made" shortly after she publicly accused him of raping her.

"This trial is limited to the issue of the money damages, if any, that Ms. Carroll should receive for those publications. The reason that's so is that the court determined in a previous decision that Mr. Trump is liable," Kaplan said. "It has been determined already that Mr. Trump did sexually assault Ms. Carroll."

To whittle down the jury pool, Kaplan began with this question: "Having heard what you have heard about this case so far, would you be unable to give both sides a fair trial and to decide this case solely on the basis of the evidence you hear during this trial and the instructions I give you?"

Three prospective jurors were immediately excused for signaling they could not be fair.

One woman said she worked for Ivanka Trump's company from 2017 to 2018. "Would that experience have any effect on your ability to be fair and impartial to both sides in this case?" Judge Kaplan asked regarding her connection to Trump's eldest daughter. "No," the woman replied.

After the judge asked if anyone else had worked for Trump or his family, a man indicated he was an officer in the U.S. Navy while Trump was commander in chief. The man said it would have no impact on his ability to be fair.

As prospective jurors filed into the courtroom for jury selection, Donald Trump surveyed the group. One woman appeared to smile upon recognizing Trump. A man leaned forward and appeared to stare for several seconds.

"You've been summoned for possible service in a civil case," Judge Kaplan said before introducing the plaintiff and defendant. "This case is between a writer, advice columnist E. Jean Carroll, and former President Donald Trump," he said.

Jurors were told the case is expected to last three to five days and that they would sit through Thursday and, if necessary, return on Monday. They were also told they will be anonymous.

"That means neither your names nor the names of the jurors who are ultimately selected will be made public," Judge Kaplan said. He had earlier cited Trump's rhetoric as among the reasons for the anonymous jury.

Jurors will assemble daily at an off-site location and be driven to court under guard, the judge said.

"This is for your own protection. As you may understand, this case has attracted media attention and that's likely to continue," Kaplan said.

Unlike courtrooms where the counsel tables are arranged side by side, the counsel tables in the courtroom this morning are arranged behind one another, with Trump and his attorneys seated two tables behind Carroll and her counsel.

Trump appeared to take note of that arrangement when he entered the courtroom.

He appeared to point at Carroll, then he and his team asked a man seated at the table between them to slide over -- possibly to block Trump's view of Carroll, or to provide a better view of the proceedings.