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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'I said sit down,' judge admonishes Trump attorney

The start of former President Trump's defamation trial this morning was delayed briefly by a juror transportation issue.

As proceedings got underway, outside the jury's presence, a tense exchange unfolded between the judge and defense attorney Alina Habba, who again repeated a request to adjourn the trial on Thursday so Trump can attend the funeral of former first lady Melania Trump's mother, Amalija Knavs.

"I am asking your honor to have the kindness that my client deserves," Habba said to Judge Lewis Kaplan, who has already twice denied the defense's request to postpone the trial due to Thursday's funeral.

Kaplan, interrupting Habba, said, "Indeed Ms. Habba, the right that he has according to the Supreme Court of the United States is to be present either in person or through counsel."

Habba persisted, with Trump looking on, prompting the judge to instruct her to "sit down" and make no further argument.

"I said sit down," Kaplan said.

"I don't like to be spoken to that way," Habba responded. "I am asking your honor to please refrain from speaking to me that way. I am asking for an adjournment."

"It's denied. Sit down," Kaplan said.


Trump arrives at courthouse

Former President Trump has arrived at Manhattan federal court for Day 2 of his defamation damages trial.

His motorcade pulled up to the courthouse at around 9:15 a.m. ET.


Carroll set to testify as 1st witness

Donald Trump is expected to be in the courtroom this morning when E. Jean Carroll takes the stand to testify about how the then-president's defamatory denial of her sexual assault allegations in 2019 upended her life.

Trump "unleashed his followers to go after her online" after Carroll went public with her allegations, damaging her reputation as a writer and making her feel unsafe in her own home, Carroll's attorney Shawn Crowley told the jury in her opening statement yesterday.

"Ms. Carroll bought bullets for the gun that she inherited from her father, and she now sleeps with it right beside her bed. She checks her surroundings every time she leaves her house or gets out of her car," Crowley said. "She's afraid -- afraid that someday, somebody is going to make good on their threats and come after her in person."

Despite sitting feet from each other in the courtroom yesterday, Carroll and Trump avoided eye contact and never interacted during the first day of the trial. However, when Carroll takes the stand to testify this morning, she will speak directly in front of the counsel table where Trump is seated.


Trump expected to attend trial Wednesday, sources say

Former President Trump, who was campaigning in New Hampshire Tuesday evening, is expected to return to New York to attend the second day of his defamation trial on Wednesday, sources tell ABC News.

Trump is then scheduled to return to New Hampshire later Wednesday.

-ABC News' Rachel Scott, Lalee Ibssa and Soo Rin Kim


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."