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.
Top headlines:
- Jury awards Carroll $83.3 million in damages
- Trump walks out during plaintiff's closing statement
- Trump testifies he denied allegations to defend himself
- Repairing Carroll's reputation would cost $12M, says expert
- 'I would love it,' Trump says to judge's threat to toss him
- Trump 'ended the world that I had been living in,' Carroll says
- 'This is not a do-over,' judge instructs jury
'This is not America,' Trump mutters as he leaves court
"Not America," Donald Trump muttered as he exited the courtroom following his testimony.
"It's not America. This is not America," he repeated, his voice rising as he slowly walked toward the courtroom exit.
Court was adjourned, with closing arguments scheduled for Friday.
Trump testifies he denied allegations to defend himself
"Do you stand by your testimony in your deposition?" Trump's attorney, Alina Habba, asked Trump on the witness stand.
"100% yes," Trump responded.
"Did you deny the allegation to defend yourself?" Habba asked. "Yes I did, that's exactly right," Trump responded.
"Mr. President, did you ever instruct anyone to hurt Ms. Carroll?"
"No, I just wanted to defend myself, my family and frankly the presidency," Trump answered.
The judge struck everything after the word "no."
On cross-examination Carroll's attorney Roberta Kaplan asked whether this is the first trial with Carroll that Trump has attended. He said yes.
On redirect, Trump affirmed he was represented by counsel.
Trump then stepped down from the stand, his testimony over after all of three minutes.
Judge provides instructions on scope of testimony
Prior to Trump taking the witness stand, Judge Lewis Kaplan reminded the parties, outside the jury's presence, that a prior trial found "Mr. Trump in fact sexually abused Ms. Carroll by forcibly and without consent inserting his fingers into her vagina" and that "Ms. Carroll did not make up her claim of forcible sexual abuse."
Kaplan said the prior trial also established Trump's statements of denial were defamatory and that Trump "knew they were false, had serious doubts as to the truth of what he said or made those statements with a high degree of awareness that they were probably false."
The judge reminded the defense that Trump cannot make any argument "disputing or undermining those determinations." He said "there is cause for concern" that Trump's testimony might contain inadmissible evidence.
"I want to know everything he is going to say," Kaplan told defense attorney Alina Habba.
"That he stands by his deposition," Habba responded. "He is going to say that he did not make the statements to hurt Ms. Carroll."
Habba said Trump will also say that he had to respond to the allegation and did not instruct anyone to disparage Carroll.
Carroll's attorney, Roberta Kaplan, complained that while Habba was giving her proffer, "Mr. Trump said under his breath that he never met her and had never seen her before."
Kaplan said the jury would be instructed that, regardless of what Trump says on the witness stand, "he did it."
Trump was overheard saying he was not at the first trial and that he does not "know this woman" as Habba tried to affirm Trump understood the confines of his testimony.
"So he will comply with the rulings?" Kaplan asked. "That is my understanding," Habba replied.
The judge has limited the examination to three questions: Does he stand by the deposition? Did he deny the allegation because an accusation had been made? And did he instruct anyone to hurt Carroll?
Trump takes the stand
"Defense calls President Donald Trump," attorney Alina Habba said as Trump took the stand in his own defense.
'I would love it,' Trump says to judge's threat to toss him
At the lunch break, Judge Lewis Kaplan threatened to boot former President Trump from the courtroom if he continues to make side comments within earshot of the jury.
The warning came after E. Jean Carroll's attorney Shawn Crowley complained for a second time about Trump's comments.
"The defendant has been making statements that we can hear at counsel table," she said, quoting Trump as saying, "It is a witch hunt" and "It really is a con job." When a video of Trump disparaging E. Jean Carroll was played for the court, Crowley said Trump remarked, "It's true."
Judge Kaplan, in response, addressed the defense from the bench.
"Mr. Trump has the right to be present here. That right can be forfeited and it can be forfeited if he is disruptive, which is what has been reported to me," the judge said. "Mr. Trump, I hope I don't have to consider excluding you from the trial."
"I understand you are probably very eager for me to do that," the judge added, to which Trump threw his up his arms and said, "I would love it, I would love it."
"I know you would, because you can't control yourself in this circumstance," Kaplan replied. "You just can't."