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 is 'straight out of banana republic,' says Trump attorney

Donald Trump's legal counsel Boris Epshteyn briefly spoke to reporters outside court at the conclusion of Tuesday's proceedings, calling the trial "straight out of [a] banana republic."

"Manhattan is 90-95% Democrat," Epshteyn said, despite voter registration records showing the borough is about 70% Democratic. "Does anybody think the President will get a fair trial here? Absolutely not," he said.

Despite a jury last year finding Trump liable for sexually abusing Carroll, Epshteyn alleged that Carroll is making "false accusations."

"President Trump has consistently stated that he did not commit the allegation and did not commit the acts that the plaintiff alleges. He has been steadfast in that. And it is right to defend himself from false accusations," Epshteyn said.

Epshteyn declined to comment on whether Trump plans to attend court tomorrow.

Carroll did not speak to reporters when she left court.


Carroll seeking a 'windfall' over 'mean Tweets,' Trump attorney says

E. Jean Carroll is looking for a "windfall" over a series of "mean Tweets from Twitter trolls," Trump attorney Alina Habba said during the defense's opening statement, in which Habba sought to cast doubt on the severity of the alleged harm Carroll said she endured.

Habba told the jury they do not have to believe Carroll's account of how she has suffered as a result of Trump's defamatory statements.

"Her career has prospered and she has been thrust back into the limelight like she has always wanted," Habba said, accusing Carroll of using her story "to obtain as much fame and notoriety as possible."

The defense framed Carroll's lawsuit as nothing more than an attempt to shake down Trump for money over scores of critical Tweets that have nothing to do with the defamatory statements by Trump that are at issue in the trial.

"She expects you as the jury to give her an award for every negative comment that was thrown her way," Habba said. "She is looking for you to give her a windfall because some people on social media said mean things about her."

Habba showed a photo of Carroll in the company of Trump critic Kathy Griffin and said Carroll is close with another critic of the former president, his niece Mary Trump.

"This is someone who craves fame and seeks fame wherever she can get it," Habba said. "She got what she wanted."

The proceedings were dismissed for the day after both sides concluded their opening statements. The trial will resume Wednesday with the first witness in the case.


Trump 'unleashed his followers,' Carroll's attorney says

Donald Trump's lies about E. Jean Carroll "unleashed his followers to go after her," and as Trump campaigns for president he "continues to lie about Ms. Carroll," Carroll's attorney said in her opening statement.

"How much money will it take to make him stop?" Carroll's attorney, Shawn Crowley, said. "He kept up those very same lies even after a federal jury sat in this courtroom and unanimously found that he sexually assaulted her and defamed her."

Crowley reminded the jury that Trump "was president when he made those statements and he used the world's biggest microphone to humiliate her" -- the result of which was that he "wrecked" Carroll's reputation in a matter of days, Crowley said.

"Donald Trump's response was swift and brutal," Crowley said. "Donald Trump did not just deny the assault. He went much, much further."

She quoted Trump's statements from June 22, 2019: "'People should pay dearly for making up accusations" about him.

Crowley also quoted Trump saying "she's not my type" on that day in 2019. "In other words, she was too ugly to assault. She must have been lying because she was too unattractive for Mr. Trump to sexually assault," Crowley said.

Carroll, who is now 80, sat at the plaintiff's table as her attorney showed the jury messages Trump's followers posted calling her ugly and urging her to kill herself.

"When Donald Trump called Ms. Carroll a fraud and a liar, they listened and they believed and they decided to go after her," Crowley said. "Donald Trump knew exactly what he was unleashing."


'This is not a do-over,' judge instructs jury

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.


Carroll's attorneys highlight clips from Trump's 2022 deposition

E. Jean Carroll's attorneys ended their defamation case against former President Trump by showing the jury some of Trump's social media posts and soundbites from his campaign rallies in which he repeats the defamatory statements he has made about her.

The jury also saw a portion of Trump's videotaped deposition for Carroll's case that he sat for in October 2022, in which Trump was given a copy of the 2019 New York magazine article that first published Carroll's sexual assault allegation.

"Did you ever read this article?" plaintiff's attorney Roberta Kaplan asked in the deposition. "No," Trump responded.

Kaplan, in the deposition, also read Trump's defamatory response to the article and asked, "Do you stand by the statement?" Trump responded, "Yes."

The jury also heard Trump in the deposition affirm that he stood by a June 24, 2019, statement in which he said Carroll was "not my type."

"You meant she was not your type, physically right?" Kaplan asked. "Physically, she's not my type," Trump responded. "The only difference between me and other people is that I'm honest."

The jury also saw the excerpt of the deposition in which Trump was handed an old black-and-white photo of him, his first wife Ivana, Carroll, and her then-husband John Johnson, and temporarily mistook Carroll for his second wife Marla Maples.

After the confusion, Kaplan, in the deposition, asked Trump if the three women he married were his type, and Trump answered, "Yeah."

Trump, in the deposition, also conceded that he had no information about Carroll's political party or evidence that she was pursuing a political agenda.

The jury also saw an excerpt of a videotaped deposition Trump gave in April 2023 as part of Trump's separate civil fraud lawsuit in which Trump boasted about his wealth, and estimated that the value of his Mar-a-Lago resort is $1.5 billion -- possibly meant to show the jury that Trump can afford a large damage award.