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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'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.


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."