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

In the middle of E. Jean Carroll's cross-examination, former President Trump's defense attorney Alina Habba sought a mistrial, which the judge promptly denied.

Habba was questioning Carroll about threatening emails she said she received. Carroll said she deleted many of those messages because "I didn't know how to handle death threats. I thought deleting them was the easiest way to get them out of my life."

When Carroll said she had deleted some messages around the time of her earlier trial involving Trump, Habba asked for a mistrial, saying, "The witness has just admitted to deleting evidence herself."

Judge Kaplan immediately denied the request and said, "The jury will disregard everything Ms. Habba just said."

Habba also questioned whether Carroll received disparaging messages after publishing her account of the sexual assault at Bergdorf Goodman, but before Trump issued his denial.

"Some of the slime happened before the president issued his statement?" Habba asked.

"No," Carroll responded. "Because they were reacting to the White House statement."

Asked how she knew, Carroll said, "Because of the wording," prompting Habba to say, "So a denial from the White House would mean that any statement echoing it would be President Trump's fault?"

The direct examination of E. Jean Carroll ended with her telling the jury she would "never get used to attacks" like the ones she has continued to endure from former President Trump and his followers.

"Was he posting about you as recently as yesterday? Carroll's attorney Roberta Kaplan asked regarding Trump.

"That's what I've been told," Carroll answered before she was shown a Truth Social post from Tuesday, during the lunch break, in which Trump called the trial a "fake case from a woman I've never met, seen or touched."

The cross-examination of Carroll began on a discordant note when defense attorney Alina Habba tried to confront Carroll with some of her testimony from an earlier deposition.

There was a dispute over whether Habba had properly told the judge which part of the deposition she intended to introduce.

"We're going to do it my way, Ms. Habba," Judge Kaplan said.

"Sure," Habba replied, abandoning that line of questioning.

Following the a lunch break, the defense team made an immediate motion for Judge Kaplan to recuse himself from the trial because of the "general hostility" defense attorney Michael Madaio said the judge has shown toward Trump's side.

Kaplan responded with a single word: "Denied."

Carroll is now returning to the witness stand to continue her testimony.

At the lunch break, Judge Lewis Kaplan threatened to boot former President Trump from the courtroom if he continues to make side comments within earshot of the jury.

The warning came after E. Jean Carroll's attorney Shawn Crowley complained for a second time about Trump's comments.

"The defendant has been making statements that we can hear at counsel table," she said, quoting Trump as saying, "It is a witch hunt" and "It really is a con job." When a video of Trump disparaging E. Jean Carroll was played for the court, Crowley said Trump remarked, "It's true."

Judge Kaplan, in response, addressed the defense from the bench.

"Mr. Trump has the right to be present here. That right can be forfeited and it can be forfeited if he is disruptive, which is what has been reported to me," the judge said. "Mr. Trump, I hope I don't have to consider excluding you from the trial."

"I understand you are probably very eager for me to do that," the judge added, to which Trump threw his up his arms and said, "I would love it, I would love it."

"I know you would, because you can't control yourself in this circumstance," Kaplan replied. "You just can't."