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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Trial to resume Wednesday

Donald Trump's defamation damages trial, which was adjourned Monday morning due to COVID-19 concerns, will resume Wednesday.

Judge Lewis Kaplan had originally said court would resume on Tuesday, but has now pushed that back a day.

"This Court functioned all the way through the worst of the COVID pandemic," Judge Kaplan said this morning before court was adjourned. "We conducted over a hundred jury trials right through the lockdowns and everything else. So we have gotten through all of that -- I'm sure we'll get through all of this too."


Defense wants Trump's testimony moved due to NH primary

After Judge Kaplan adjourned the trial until Tuesday due to COVID-19 concerns, defense attorney Alina Habba asked him to postpone former President Trump's testimony until Wednesday because "tomorrow is the New Hampshire primary."

Trump, sitting at the defense table, appeared visibly irritated, actively conferring with Habba before she raised concerns about the timing.

The judge did not immediately rule on her request.

Carroll's attorneys opposed the delay.

The judge also denied the defense's latest motion for a mistrial, which they filed on Friday.

"The defense made a motion for a mistrial, again," the judge said. "That motion is denied."

Trump spent an additional 30 minutes inside the courthouse after the trial was adjourned, then drove off in his motorcade.


Court adjourned until Tuesday due to COVID-19 concerns

Court is adjourned Monday due to health concerns on the part of several participants.

The proceedings will resume Tuesday, pending everyone's good health, Judge Lewis Kaplan announced.

A juror reported feeling "hot and nauseous," so the judge sent him home for the day with instructions to get a COVID-19 test.

Additionally, defense attorney Alina Habba reported she is not feeling well. One or both of her parents had COVID-19 and she was exposed at a dinner with them three days ago, she said.

Habba said she had a fever 48 hours ago but a court-administered COVID-19 test this morning came back negative.

"We will not take testimony today," Kaplan said.

Former President Trump sat between Habba and her law partner Michael Madaio as the judge made the announcement.

"See you tomorrow, I hope," Judge Kaplan said.


Judge expected to closely monitor Trump's testimony

If Donald Trump takes the stand as expected today, the judge in the case is likely to closely supervise his testimony based on the ground rules the judge has laid down for the trial.

Judge Lewis Kaplan, who threatened to throw Trump out of the courtroom last week for making comments within earshot of the jury, established in a pretrial ruling that Trump is barred from arguing that he did not sexually abuse Carroll or that he never met her.

As Judge Kaplan has instructed the jury, it is not their responsibility to determine the truthfulness of Carroll's allegations because a jury last year already found Trump liable for sexually abusing Carroll and then defaming her; their job is only to determine whether Trump will have to pay Carroll additional damages beyond the $5 million awarded in the earlier trial.

According, Kaplan ruled, Trump cannot argue that he believed the two statements he made in June 2019 denying Carroll's allegations.

Instructing the jury last week on the facts of the case, Kaplan said, "Because you must accept them as true, this trial is not a do-over of the previous trial which determined those facts. What remains for you to decide are only two very limited issues relating to damages for Mr. Trump's publication of those two statements."


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."