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

A jury ordered Donald Trump to pay Carroll $83 million for defaming her.

Former President Donald Trump, at the end of a five-day trial, has been ordered to pay $83.3 million in damages to former Elle magazine columnist E. Jean Carroll for defaming her in 2019 when he denied her allegations of sexual abuse.

Last year, in a separate trial, a jury determined that Trump was liable for sexually abusing Carroll in the dressing room of a Manhattan department store in the 1990s, and that he defamed her in a 2022 social media post by calling her allegations "a Hoax and a lie" and saying "This woman is not my type!"

Trump has denied all wrongdoing and has said he doesn't know who Carroll is.


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Trump is in court

Former President Donald Trump has arrived in court this morning.

The proceedings, which were scheduled to get underway at 9:30 a.m. ET, were off to a late start.


Carroll's attorneys expected to rest their case

If former President Trump takes the stand in his own defense today, it will happen after Carroll's attorneys rest their case.

Carroll's lawyers plan to call one final witness: Robbie Myers, the former editor-in-chief of Elle magazine, where Carroll was an advice columnist.

As part of the defense's case, Trump's lawyers also plan to call Carol Martin, a friend of Carroll's who testified in the earlier assault and defamation trial.


Trump indicates he'll attend trial today, could take stand

In a post to his Truth Social platform overnight, former President Trump indicated that he will attend his defamation damages trial today.

"But now I'm heading back to New York City for a trial based on False Accusations, from perhaps decades ago -- The woman has no idea when!" Trump wrote. Carroll has accused Trump of assaulting her around 1996 but can't pinpoint the year.

In a series of other posts, Trump also disparaged Carroll, said she made up her story, and suggested she was a paid political operative.

If Trump takes the stand today, he would be banned from using any of those defenses based on a pretrial ruling by Judge Lewis Kaplan which determined that -- because a jury last year already found Trump liable for sexually abusing Carroll and then defaming her -- Trump is barred from arguing that he did not sexually abuse Carroll or that he never met her.


Trial now scheduled to resume Thursday

Former President Trump's defamation damages trial has been postponed an additional day and is scheduled to resume on Thursday morning.

The postponement was announced in an update posted to the court's docket.

The trial was adjourned Monday morning due to COVID-19 concerns.


Carroll 'failed to show' she deserves damages, defense says

Trump attorney Alina Habba, in her closing argument, questioned the sincerity of E. Jean Carroll's claims of emotional and professional harm and accused her of trying to pin the comments of Twitter trolls on a president of the United States.

"Ms. Carroll has failed to show she is entitled to any damages at all," Habba said.

Habba attempted to suggest that Donald Trump could not defend himself and that Carroll had paid for a lawyer for her friend Carol Martin, who testified as a hostile witness for the defense -- but Carroll's attorneys objected and Judge Lewis Kaplan sustained the objection.

"If you violate my instructions again, Ms. Habba, there could be consequences," the judge warned.

Habba said that Carroll failed to prove causation, slowly annunciating the word loudly into the microphone.

"They have to prove a direct causal connection between the harm they say she suffered and [Trump's] statements," Habba said, arguing that there were independent critics messaging Carroll before Trump issued his defamatory statements denying Carroll's June 2019 sexual assault allegation.

"This is the beauty and dangers of free speech in America. Everyone is entitled to their opinion," Habba said, asserting that Trump has no more control over the thoughts and feelings of social media users "than he does the weather."

"It is Ms. Carroll's burden, not President Trump's, to prove his statements are the cause of any harm, and clearly she has failed to meet that burden," Habba argued.

She also questioned the legitimacy of the harm Carroll claims to have suffered. "Who is E. Jean?" Habba asked, telling the jury there are two versions, and asserting that the true E. Jean Carroll is a narcissist out for fame and attention, "and the one who comes to court to get money from my client."

Habba also chided Carroll for deleting messages containing death threats -- which Carroll said she did because they were painful to see -- and for never calling the police.

"She deleted her own evidence," Habba said. "She has to give them to you to support their claim for damages, but they're not here and that's a fact."

As Trump looked on, hunched forward, hands folded on the table, Habba quoted his brief testimony saying he did not intend to hurt Carroll.

"We do not know the true identities of the people who sent the messages to Ms. Carroll," Habba said. "President Trump should not have to pay for their threats. He does not condone them. He did not direct them. All he did was tell his truth."