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

Judge Lewis Kaplan told the nine jurors that they must accept as true that Trump forcibly sexually assaulted E. Jean Carroll and defamed her when he denied it.

"Ms. Carroll did not make up her claim of forcible sexual abuse," Judge Kaplan told the panel. "His false statements tended to disparage Ms. Carroll or tended to expose her to hatred or to induce an unsavory opinion of her."

The judge made it clear the jury was only determining damages related to two defamatory statements Trump made in June 2019 when he denied Carroll's rape allegation. He said the trial was not an opportunity to re-litigate the prior trial, in which a jury found Trump liable for defamation and sexual assault.

"This trial is not a do-over of the previous trial which determined those facts," Kaplan said.

Former President Trump has departed Manhattan federal court prior to the delivery of opening statements in his defamation damages trial.

Trump voluntarily showed up to court for jury selection this morning, and did not return after the lunch break. He has a campaign event scheduled later today in New Hampshire.

His attorney suggested Trump would return to court for at least part of tomorrow's proceedings, when E. Jean Carroll is expected to be the first witness.

The jury has been sworn in, with opening statements to begin following instructions from the judge.

A jury of nine has been selected to hear the evidence in the case.

One juror is a married father of two grown children who works in the subway system. and said he is an avid local news viewer. Another juror is a German native who emigrated to the United States and said she does not watch the news.

The jury also includes a newlywed who works in property management and gets his news from social media, a woman with a master's degree who works as a publicist for a tech firm, and a single man who works in television.

Two people who said they believed that the election was stolen from Donald Trump by President Joe Biden did not make the jury. Nor did a man who said he believed Trump was being treated unfairly by the United States court system.

Opening arguments will begin follow the lunch break. As they exited the courtroom, Trump and Carroll came within feet of each other but appeared to ignore one another.

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."