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Former President Donald Trump lost the lawsuit brought by writer E. Jean Carroll to the tune of $83.3 million in damages for defamation in 2019 after Carroll accused him of rape and he basically said that she wasn't his type and denied it ever happened.
“I am in the process along with my team,” Mr. Trump wrote on his social media network Truth Social on Tuesday night, “of interviewing various law firms to represent me in an Appeal of one of the most ridiculous and unfair Witch Hunts our Country has ever seen.”
Ms. Carroll went after Trump's money twice. One lawsuit last May accused him of raping her inside Manhattan's Bergdorf Goodman in 1996. Number two came in October 2022 when she accused him of defaming her by calling her a "complete con job."
The jury found that Trump sexually assaulted her but did not rape her and awarded her $5 million.
The judge in January’s jury trial, Lewis Kaplan, however, ruled that sexual assault and rape are the same thing and that Trump did indeed rape Carroll.
In that same January trial, Carroll alleged Trump defamed her with statements he made in June 2019, while he was president, shortly after New York magazine published an excerpt from Carroll's book, in which she detailed her claims about the fateful encounter in a dressing room on Bergdorf Goodman’s lingerie floor.
“I am in the process along with my team,” Mr. Trump wrote on his social media network Truth Social on Tuesday night, “of interviewing various law firms to represent me in an Appeal of one of the most ridiculous and unfair Witch Hunts our Country has ever seen.”
Ms. Carroll went after Trump's money twice. One lawsuit last May accused him of raping her inside Manhattan's Bergdorf Goodman in 1996. Number two came in October 2022 when she accused him of defaming her by calling her a "complete con job."
The jury found that Trump sexually assaulted her but did not rape her and awarded her $5 million.
The judge in January’s jury trial, Lewis Kaplan, however, ruled that sexual assault and rape are the same thing and that Trump did indeed rape Carroll.
In that same January trial, Carroll alleged Trump defamed her with statements he made in June 2019, while he was president, shortly after New York magazine published an excerpt from Carroll's book, in which she detailed her claims about the fateful encounter in a dressing room on Bergdorf Goodman’s lingerie floor.
Trump denied the allegations, called them a “disgrace,” and said that she wasn't his “type,” effectively branding her an unattractive liar. But in all honesty, when you compare all the women that Trump may have boffed, it's obvious that Carroll isn't in the same league.
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| Judge Lewis Kaplan |
But in spite of that, the jury awarded Carroll a ridiculous $ 83.3 million for these damages.
Trump’s quite attractive lead defense attorney, Alina Habba, told reporters after the verdict that she was proud to represent the former president and would continue to do so in the appeal. “We did not win today,” she said last Friday, “but we will win.”
On Monday, Ms. Habba filed a letter to the judge, who presided over both cases, Lewis Kaplan. She cited a recent New York Post article, which claimed that the judge had a “mentor” relationship with Ms. Carroll’s lead lawyer, Roberta Kaplan, [no relation] when they briefly worked together at the same law firm in the 1990s. Thus, establishing a conflict of interest.
On Tuesday, Ms. Kaplan fired back with her own letter, calling the “mentor-mentee relationship” a “false allegation.”
“I have no recollection from that time period of ever interacting with Your Honor on a case, participating with Your Honor in a client or case-related meeting, or attending a court proceeding with Your Honor. In fact, I remember no direct interaction from that time period with Your Honor at all,” Ms. Kaplan claimed. She referenced the large size of the firm, and that the future judge was a lead litigator, while she was merely a junior associate.
On Tuesday, Ms. Kaplan fired back with her own letter, calling the “mentor-mentee relationship” a “false allegation.”
“I have no recollection from that time period of ever interacting with Your Honor on a case, participating with Your Honor in a client or case-related meeting, or attending a court proceeding with Your Honor. In fact, I remember no direct interaction from that time period with Your Honor at all,” Ms. Kaplan claimed. She referenced the large size of the firm, and that the future judge was a lead litigator, while she was merely a junior associate.
“While Ms. Habba ends her letter by characterizing this as a ‘troubling matter,’ … what is actually troubling is both the substance and timing of her false accusations of impropriety on the part of E. Jean Carroll’s counsel or the Court,” Ms. Kaplan added and reserved her right to seek sanctions.
Ms. Habba immediately walked back her allegation, explaining to the judge, in yet another court filing, that “the point of my January 29 letter was to verify whether the information contained in the New York Post article is accurate. Since Ms. Kaplan has now denied that there was ever a mentor-mentee relationship between herself and Your Honor, this issue has seemingly been resolved.”
Not a good look for Trump's defense team.
In a small footnote at the very bottom of the page, Ms. Habba wrote, “There are, however, various other issues relating to the Court’s conduct, including potential bias hostility towards defense counsel, that will be raised in post-trial motions and on appeal.”
After Mr. Trump posted that he and “his team” were “interviewing” firms for the appeal, media outlets began reporting that the former president was looking for a “new” lawyer.
Ms. Habba, who led the defense in January’s courtroom debacle, was often criticized for her behavior in the courtroom by the judge. For example, she did not stand up when she addressed the judge; instead, she spoke to him while seated in her chair. She also did not know, or disregarded, the procedure the federal judge demanded for objections. Ms. Habba had to be reminded numerous times not to raise objections during cross examinations of witnesses her co-counsel, Michael Madaio, had initially questioned.
In a small footnote at the very bottom of the page, Ms. Habba wrote, “There are, however, various other issues relating to the Court’s conduct, including potential bias hostility towards defense counsel, that will be raised in post-trial motions and on appeal.”
After Mr. Trump posted that he and “his team” were “interviewing” firms for the appeal, media outlets began reporting that the former president was looking for a “new” lawyer.
Ms. Habba, who led the defense in January’s courtroom debacle, was often criticized for her behavior in the courtroom by the judge. For example, she did not stand up when she addressed the judge; instead, she spoke to him while seated in her chair. She also did not know, or disregarded, the procedure the federal judge demanded for objections. Ms. Habba had to be reminded numerous times not to raise objections during cross examinations of witnesses her co-counsel, Michael Madaio, had initially questioned.
Not a good look again, for the Trump defense team.
Ms. Habba’s courtroom feud with the judge culminated on the last day of the trial. The defense attorney tried to introduce new evidence for her closing argument, even though both parties had rested their cases the day before. When Ms. Habba did not stop insisting, Judge Kaplan threatened to throw her in jail.
Ms. Habba’s courtroom feud with the judge culminated on the last day of the trial. The defense attorney tried to introduce new evidence for her closing argument, even though both parties had rested their cases the day before. When Ms. Habba did not stop insisting, Judge Kaplan threatened to throw her in jail.
Even a worse look for the Trump defense team.
Habba was not the only one the judge reprimanded. One time the former President's longtime legal adviser, Boris Epshteyn, who also attended the hearings at the Federal Court, and would frequently pass notes to Ms. Habba, and stood up and tried to address the court. The judge reminded Epshteyn that without having taken the required bar exam for the district court, he was not licensed to argue in the courtroom.
Habba was not the only one the judge reprimanded. One time the former President's longtime legal adviser, Boris Epshteyn, who also attended the hearings at the Federal Court, and would frequently pass notes to Ms. Habba, and stood up and tried to address the court. The judge reminded Epshteyn that without having taken the required bar exam for the district court, he was not licensed to argue in the courtroom.
I believe that Trump's track record for hiring and firing staff with whom he is displeased is also a problem.
But Trump wasn't wrong when he stood up to the judge after Kaplan ruled that Carroll's allegations of sexual assault was proven fact, and that he wouldn't allow Trump to defend himself against them on the stand.
Of course, when he muttered things the jury heard, or disobeyed Judge Kaplan's instructions, or when he walked out of the courtroom in the middle of his opponents closing arguments the same day the jury deliberated the verdict, wasn't a good look. Worse, the mainstream media reported that Ms. Habba did not control her client. But really now, who can control Trump?
On Wednesday, Ms. Habba stated that she will remain to represent Trump. “Hiring a separate firm to handle the appellate process is a normal step in a case of this nature,” she told ABC News, adding that her team will work with the new firm as the appeal proceeds.
Having an appellate specialist represent Trump makes sense, however, and it should be expected. It isn't that he fired Habba, but he's looking to win the appeal and is going about it the smart way.
Many legal observers agree that the various civil and criminal cases against Trump, may end up before the Supreme Court, three of whom Mr. Trump appointed.
On Tuesday, the former President wrote in his Truth Social post, “Any lawyer who takes a TRUMP CASE is either “CRAZY,” or a TRUE AMERICAN PATRIOT. I will make my decision soon!’”
Always more to come--always the showman.
