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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Trump is in court

Former President Donald Trump has arrived in court this morning.

The proceedings, which were scheduled to get underway at 9:30 a.m. ET, were off to a late start.


Carroll's attorneys expected to rest their case

If former President Trump takes the stand in his own defense today, it will happen after Carroll's attorneys rest their case.

Carroll's lawyers plan to call one final witness: Robbie Myers, the former editor-in-chief of Elle magazine, where Carroll was an advice columnist.

As part of the defense's case, Trump's lawyers also plan to call Carol Martin, a friend of Carroll's who testified in the earlier assault and defamation trial.


Trump indicates he'll attend trial today, could take stand

In a post to his Truth Social platform overnight, former President Trump indicated that he will attend his defamation damages trial today.

"But now I'm heading back to New York City for a trial based on False Accusations, from perhaps decades ago -- The woman has no idea when!" Trump wrote. Carroll has accused Trump of assaulting her around 1996 but can't pinpoint the year.

In a series of other posts, Trump also disparaged Carroll, said she made up her story, and suggested she was a paid political operative.

If Trump takes the stand today, he would be banned from using any of those defenses based on a pretrial ruling by Judge Lewis Kaplan which determined that -- because a jury last year already found Trump liable for sexually abusing Carroll and then defaming her -- Trump is barred from arguing that he did not sexually abuse Carroll or that he never met her.


Trial now scheduled to resume Thursday

Former President Trump's defamation damages trial has been postponed an additional day and is scheduled to resume on Thursday morning.

The postponement was announced in an update posted to the court's docket.

The trial was adjourned Monday morning due to COVID-19 concerns.


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."