Judge in E. Jean Carroll case didn't bite on Trump's 'bait' that would have led to trial turmoil
According to longtime conservative political observer Andrew McCarthy, Donald Trump's attempt to bait the judge overseeing the E. Jean Carroll rape and defamation trial fell flat which led to the former president's attorney being put on the spot.
Writing for the National Review, McCarthy -- who recently wrote he sees no path for Trump to return to the Oval Office — noted that the former president and his lawyer have been warned by Judge Lewis Kaplan of the Southern District of New York in Manhattan, about attacks on the trial proceedings and Carroll with the threat of contempt of court charges.
Undeterred, Trump once again lashed out at Kaplan as "extremely hostile” to him and boasted that he would be returning from a Scotland golf expedition to "confront" Carroll before calling the Manhattan trial a "disgrace."
According to McCarthy, Trump's attack put Kaplan in a bind where the trial could have gone off the rails if he sanctioned the former president.
Instead, McCarthy wrote, Kaplan is too smart for Trump and didn't take the bait.
"Kaplan has also been trying to move the trial to a conclusion consistent with what he told the jury would be its length, and thus he gave Tacopina a deadline by which Trump was to announce his intentions; Tacopina duly told Kaplan his client would not be testifying (or even attending the trial)," McCarthy wrote before adding, "Kaplan is a smart guy. He knows that Trump is trying to bait him into a public dressing-down, a contempt citation, and/or an order that it is too late for the defendant to change his mind about testifying, which Trump would then fold into his public-relations effort to portray the trial as a travesty if the jury finds him liable."
McCarthy added, "That Trump’s outrage was performative is clear."
"Rather than respond angrily, the judge told Tacopina late Thursday that he was aware of reports about Trump’s statements, and the lawyer assured the court that he had spoken with his client before announcing that Trump would not testify, " McCarthy wrote.
He then predicted, "Assuming that deadline passes, Kaplan will consider the evidentiary phase of the trial complete and proceed to summations, as scheduled. If Trump squawks after that, it will be clear that he’s just trying to spin what has actually been his carefully considered decision not to attend or testify at the trial."
You can read more here: https://www.nationalreview.com/corner/trumps-civil-rape-trial-headed-for-summations-monday-probably/The amount is up to the jury': Trump could face a massive blow if he's found guilty in E. Jean Carroll trial
Should Donald Trump be found guilty by the Manhattan jury hearing E. Jean Carroll's case alleging rape and defamation, they will have "wide latitude" over how far they can go in punishing the former president.
According to a report from ABC, jurors are expected to hear instructions from U.S. District Judge Lewis A. Kaplan after closing arguments in the middle of the week after which they will begin their deliberations on a case that could brand Trump as a rapist as he runs for president a third time.
According to Larry Neumeister, reporting for the Associated Press, "Kaplan instructed the nine jurors at the trial's start that the central claim pertains to 'battery.' He said that in a civil case, battery can result from even the slightest unlawful touching of another person."
He elaborated, "The jurors will be asked to decide whether Carroll has proven that Trump committed battery. If they decide that Trump committed battery, they are expected to be asked to what degree. After that, Carroll's attorney has proposed that jurors be asked separately whether Carroll has proven that Trump engaged in forcible touching, abuse and rape. The judge has yet to make a decision on that proposal."
When it comes to the defamation accusation, jurors "will be asked if Carroll had proven that Trump's statement was defamatory and whether clear and convincing evidence had proven that Trump made the statement maliciously."
Should they rule against Trump, they are allowed to decide for themselves what the monetary penalty will, be with the report stating, "If a jury agrees that Carroll has proven her claims of battery and defamation, they can award compensatory and punitive damages. The amount is up to the jury."
The report that since the Carroll case is a civil trial, jail time is not part of the equation.
You can read more here: https://abcnews.go.com/Politics/wireStory/ny-jury-wide-latitude-decide-civil-trump-claims-99125957Trump's 'devastating and damaging' words have come back to haunt him in E. Jean Carroll trial: former prosecutor
According to former U.S. Attorney Barbara McQuade, Donald Trump's filmed deposition that was played for jurors in the E. Jean Carroll trial likely sealed the deal for his accuser in her defamation and rape case.
Appearing on MSNBC's "The Saturday Show" with host Jonathan Capehart, Barbara McQuade was as stunned as the host that the former president doubled down on his belief that celebrities are allowed to take advantage of women, one time stating, "Well, historically, that’s true with stars," and then later adding, "... if you look over the last million years I guess that’s been largely true. Not always, but largely true. Unfortunately or fortunately."
Turning to McQuade, Capehart prompted, "I'm sorry, this is only the second time I have heard that sound bite from Trump's deposition. How damaging was that, or is that?"
"I think it's devastating to his case," McQuade quickly answered. "He affirms the sentiments that he made in that [Access Hollywood] recording. There are 1000 ways you can deflect that recording; you can say, it was an offensive and ill-advised joke. You can say we were just puffing, it was just locker room talk, all these kinds of things."
"Not only did he repeat it, he defended it and said yes, he's the kind of person who is entitled to this sort of behavior," she elaborated. "I think it's devastating and damaging. It appears to be a rare moment of candor for Donald Trump."
"I think it certainly supports the claims of E. Jean Carroll," she added.
Watch:
