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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Prospective jurors enter courtroom to begin selection process

As prospective jurors filed into the courtroom for jury selection, Donald Trump surveyed the group. One woman appeared to smile upon recognizing Trump. A man leaned forward and appeared to stare for several seconds.

"You've been summoned for possible service in a civil case," Judge Kaplan said before introducing the plaintiff and defendant. "This case is between a writer, advice columnist E. Jean Carroll, and former President Donald Trump," he said.

Jurors were told the case is expected to last three to five days and that they would sit through Thursday and, if necessary, return on Monday. They were also told they will be anonymous.

"That means neither your names nor the names of the jurors who are ultimately selected will be made public," Judge Kaplan said. He had earlier cited Trump's rhetoric as among the reasons for the anonymous jury.

Jurors will assemble daily at an off-site location and be driven to court under guard, the judge said.

"This is for your own protection. As you may understand, this case has attracted media attention and that's likely to continue," Kaplan said.


Layout of courtroom has Trump sitting 2 tables behind Carroll

Unlike courtrooms where the counsel tables are arranged side by side, the counsel tables in the courtroom this morning are arranged behind one another, with Trump and his attorneys seated two tables behind Carroll and her counsel.

Trump appeared to take note of that arrangement when he entered the courtroom.

He appeared to point at Carroll, then he and his team asked a man seated at the table between them to slide over -- possibly to block Trump's view of Carroll, or to provide a better view of the proceedings.


Judge again declines to delay trial

On Friday, Judge Kaplan denied a request from Trump's attorneys to postpone the trial for a week so Trump could attend Thursday's funeral of Amalija Knavs, the mother of former first lady Melania Trump, who died last Tuesday after a long health battle.

In court this morning, Trump attorney Alina Habba repeated her request for an adjournment so Trump can attend Knavs' funeral.

"You asked me for a week's adjournment and I denied it," Judge Kaplan said. "The repetition is not accomplishing anything."

The judge said Friday that he would grant a continuance so the trial, which was initially scheduled to conclude this week, would be extended so Trump could testify on Monday, Jan. 22.


Defense lodges several objections as court gets underway

"The court has made a number of rulings precluding evidence and argument," said Judge Lewis Kaplan as court got underway, asking each side's lead attorney to affirm that the parties understood the rules.

The defense objected, arguing that the court lacked jurisdiction. Kaplan quickly dispensed with the objection, saying, "Overruled." Kaplan, who has a reputation as a no-nonsense judge, also overruled several other defense objections.

"I do think these are issues that will become an issue on appeal. We still don't know what witnesses are coming in and which aren't," Trump attorney Alina Habba said, before Kaplan interrupted, saying, "Ms. Habba you have had a witness list for months."

Habba pressed on, with Kaplan noting her objections.

"I have heard you, I have considered what you have to say and I have ruled," Judge Kaplan said.


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."