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.


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."