Prior to Trump taking the witness stand, Judge Lewis Kaplan reminded the parties, outside the jury's presence, that a prior trial found "Mr. Trump in fact sexually abused Ms. Carroll by forcibly and without consent inserting his fingers into her vagina" and that "Ms. Carroll did not make up her claim of forcible sexual abuse."
Kaplan said the prior trial also established Trump's statements of denial were defamatory and that Trump "knew they were false, had serious doubts as to the truth of what he said or made those statements with a high degree of awareness that they were probably false."
The judge reminded the defense that Trump cannot make any argument "disputing or undermining those determinations." He said "there is cause for concern" that Trump's testimony might contain inadmissible evidence.
"I want to know everything he is going to say," Kaplan told defense attorney Alina Habba.
"That he stands by his deposition," Habba responded. "He is going to say that he did not make the statements to hurt Ms. Carroll."
Habba said Trump will also say that he had to respond to the allegation and did not instruct anyone to disparage Carroll.
Carroll's attorney, Roberta Kaplan, complained that while Habba was giving her proffer, "Mr. Trump said under his breath that he never met her and had never seen her before."
Kaplan said the jury would be instructed that, regardless of what Trump says on the witness stand, "he did it."
Trump was overheard saying he was not at the first trial and that he does not "know this woman" as Habba tried to affirm Trump understood the confines of his testimony.
"So he will comply with the rulings?" Kaplan asked. "That is my understanding," Habba replied.
The judge has limited the examination to three questions: Does he stand by the deposition? Did he deny the allegation because an accusation had been made? And did he instruct anyone to hurt Carroll?
