Trump Is On Trial For Sexual Assault Today, And We Just Feel Tired

Writer E. Jean Carroll, who’s suing Donald Trump in federal court in New York for defamation and battery, began her testimony today with a straightforward declaration of what the trial is about: “I’m here because Trump raped me. He lied and shattered my reputation and I’m trying to get my life back.”

Carroll sued Trump because after she wrote a book mentioning the alleged 1996 rape in a Bergdorf Goodman changing room, Trump called her claims a hoax, said that he’d never met her (of course, she’d been photographed with him), and, disgustingly, that he never would rape her since she wasn’t his “type.” Carroll also filed a second case against Trump after he was no longer “president,” when he again claimed on social media that the entire case was false; that case includes a sexual battery claim against Trump under New York’s Adult Survivors Act. More background on the lawsuits here:

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During her testimony today, Carroll, who acknowledges she’s not certain of the exact date, said she was fairly certain it happened in the spring of 1996, because a friend, Lisa Birnbach, whom she told about the rape contemporaneously, had published an article about visiting Trump’s Florida trash palace, Mar-a-Lago, in February of 1996.

Carroll testified, “I believe that Lisa never would have gone down to Mar-a-Lago if she knew what [Trump] had done to me.” That drew an objection from Trump’s lawyer, Joe Tacopina, but Judge Lewis Kaplan overruled it. Law Crime News editor Adam Klasfeld is live-tweeting the testimony, which he notes “mirrors her deposition” covering the events of that day.

Carroll said that the encounter began when she was leaving the store and Trump raised his hand up, imitating what she called the “universal” signal.

After Trump recognized her as the “advice lady,” she replied: “Hey, you’re that real estate tycoon,” she says.

“You are so old,” Carroll quoted him saying, calling his inflection “humorous.”

After they went into the store to help Trump find a gift for a woman, Carroll says, Trump picked up a see-through, gray, body suit.

“It looks like a swimsuit, but this was see-through,” she says. “It used to be called teddies.”

She says Trump said: “Go put this on.”

As she said in the deposition, Carroll said Trump’s tone was joking, and she told him, “You put it on. It’s your color.” She considered the encounter at that point to be silly, something out of a Saturday Night Live sketch, and she agreed that she was flirting a bit with Trump, since it felt like a comedy.

Then once Trump got her into the dressing room, things suddenly changed immediately, as Trump “shoved” her up against the wall and she tried to push back. We won’t go into the details of the assault here, because they’ll be all over the news anyway and you don’t want to read it every bit as much as I don’t want to write it, even copy pasting. Carroll presented an unsparing, detailed account, testifying that “As I’m sitting here today, I still feel it.”

Carroll said that afterward, she told Birnbach about it, thinking her friend might find it funny:

Asked pointedly why she ever would have thought that, Carroll replies: “I had not processed it. I had not processed what was going on.”

Asked if she thinks any part of it was funny today, Carroll replies: “No, it was tragic.”

Carroll said that Birnbach, who is an anticipated witness, told her:

“He raped you. He raped you, E. Jean. You should go to the police.”

“I said ‘No way.’”

“She said, ‘I’ll go with you.'”

Another friend, Carol Martin, who’s also expected to testify, told her to “keep it to yourself” because Trump “has 200 lawyers. He’ll bury you.”

Carroll also said that she decided to stay silent, in part, because women who’ve been assaulted are treated as “soiled goods”:

“People say, ‘You’re so brave. You’re so brave,'” but also: “I don’t know,” questioning whether the woman should have been smarter, should have screamed, or shouldn’t have flirted so much.

And of course Trump’s defense will be that none of this ever happened and that Carroll is just making it all up for the fame and notoriety, although we’d note that most women who accuse famous powerful men of rape tend not to end up rich and famous so much as judged and publicly mocked. Honestly can’t recall any rich famous rape victims who didn’t get dragged for coming forward, honestly.

Also in court today, Judge Kaplan warned Tacopina that his idiot client should stop posting on social media about the trial, because of course Trump is exactly that stupid. On his pretend Twitter replacement site, Trump this morning mocked the very idea that he would have raped Carroll, who was then “almost 60,” and tried to cast doubt on details of her account, insisting that he was so very famous that if anyone had seen him with a woman, it would have made “BIG PRESS.”

He also accused Carroll’s attorney of being a “political operative,” and said that the lawsuit was being funded by a “big political donor that they tried to hide.” Returning to a point that was already ruled out of evidence, Trump also pretended that there was something very fishy about Carroll’s attorneys not being willing to do a DNA test on the dress she’d worn that day. In reality, Trump refused to supply a DNA sample for years, and then Tacopina only offered to have Trump provide one shortly before the trial started, which would have required a delay of the trial.

NBC News reports that

Judge Kaplan suggested to Trump lawyer Joseph Tacopina that the former president could risk being sued or having sanctions imposed for the Truth Social posts he issued Wednesday morning.

“We are getting into an area in which your client could face a new liability and I think you know what I mean,” Kaplan said.

Judge Kaplan also pointed out to Tacopina that Trump “refused to get DNA sample and now he wants it in the case?” Tacopina said he would have a word with the shithead he represents, and would ask him not to discuss the case on social media. That should go really well, we bet. Get ready for the “Inside the Carroll Trial” reports in six months, in which we’ll learn Trump threatened to fire Tacopina, threw ketchup at him, and finally pouted and shut up for a few days.

[NBC News / Adam Klasfeld on Twitter]

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Trump’s Lawyers Continue Pattern Of Bad Faith F*ckery In E. Jean Carroll Defamation Case

In roughly 10 weeks, come hell or high water, E. Jean Carroll will finally get her day in court. It’s been a hell of a long time coming, with Donald Trump continuing his decades-long campaign of abusing women (allegedly) by abusing the legal process (not allegedly). So it seems like a good time to recap the case so far, including the fireworks this week.

In 2019, the advice columnist E. Jean Carroll accused Trump of raping her in a department store dressing room in the mid-90s. Her account of the assault appeared in her book What Do We Need Men For?: A Modest Proposal, and an excerpt from it which appeared in New York magazine. Trump immediately went on the offensive, telling reporters that he’d never met her, that she was in cahoots with evil Democrats, that she made false accusations against lots of men (Carroll was one of 13 women who accuse CBS’s Les Moonves of sexual assault), that she was only in it for the money, and that anyway he could not have raped her because she wasn’t his type.


In October of 2022, Trump admitted under oath that he had no basis for believing any of the things he’d said but “when people accuse me of something, I think I have a right to be insulting.” This rather undercut his later claim that he made the statements as a part of his official presidential duties, as did in a Truth Social post in 2022 reiterating each and every one of his gross allegations. Similarly Trump’s implication that Carroll was too unattractive to rape was undercut when he looked at a photo of Carroll from the 90s and repeatedly mistook her for his second wife Marla Maples, who was presumably his type.

Back in 2019, Carroll sued Trump for defamation in New York state court, only to have the then-president duck the process server, contest jurisdiction, and refuse to cooperate with discovery. When every other avenue was exhausted and he was finally ordered to submit his DNA to match male genetic material found on the dress Carroll wore the day of the attack, then-Attorney General Bill Barr tried to remove the case to federal court and attempt to substitute the government as defendant. The success or failure of that gambit is still in doubt — the issue of whether Trump was acting within the scope of his presidential duties under DC law when he slagged Carroll in 2019 is currently before the DC Court of Appeals. But in the meantime, Carroll filed a second defamation suit for the 2022 social media post, adding a sexual battery count under New York’s recently enacted Adult Survivors Act.

In both these cases, known as Carroll I and Carroll II, Trump’s lawyers appear to have gone out of their way to piss off US District Judge Lewis Kaplan. Which is a weird strategy, TBQH.

The former president was initially represented in Carroll I by his longtime lawyer Marc Kasowitz, but in 2021 attorney Alina Habba entered her appearance. Habba and Trump recently got slapped with a million dollars in sanctions in the batcrap RICO suit they filed in Florida against Hillary Clinton and half of DC, and her conduct here has been only slightly less egregious. The court has already reamed her out on multiple occasions and described Trump’s legal strategy as at least partly “dilatory” and in “bad faith.” Then two weeks ago Joseph Tacopina, a highly experienced trial lawyer with dozens of celebrity clients, took control of Carroll II. No more shenanigans, he assured Judge Kaplan last week, promising that “If you say April, I’m trying it in April. I’m not running from this obligation.”

Turns out … not so much. On Thursday, the Daily Beast’s Jose Pagliery reported that Trump’s legal team was preparing to offer to submit to the DNA test, after three years of flatly refusing it. If successful, this would allow Trump to tell jurors that he’d offered his DNA, and Carroll had refused it.

Now, to be clear, discovery in this case is over. You do not get to reopen discovery absent a really freakin’ good reason, and, furthermore, it is Judge Kaplan’s regular practice to keep these disputes off the public docket at least in part because they tend to prejudice potential jurors.

And yet! On Friday, Tacopina docketed a letter motion purportedly seeking a missing appendix to the 2020 DNA report on the dress which was originally filed in state court. Letter motions are filed on the docket, so Trump was conveniently allowed to make a public offer to trade his DNA for the omitted pages.

“Mr. Trump’s DNA is either on the dress or it is not. Why is Plaintiff now hiding from this reality?” he sneered. “We surmise that the answer to that question is that she knows his DNA is not on the dress because the alleged sexual assault never occurred.”

Carroll’s lawyer Roberta Kaplan (no relation to the judge), responded furiously in her own letter, pointing out the impropriety of attempted to reopen discovery on the eve of trial, noting that forensic testing at this late date would by necessity force a delay of trial, and accusing Trump of seeking to poison the jury pool.

Tacopina denied that the testing and concomitant legal wrangling of another expert witness would force a delay — a patently absurd assertion — and accused Carroll of prejudicing potential jurors by writing her book in 2019 and promoting it.

This morning Judge Kaplan denied Trump’s motion in a FURIOUS order which characterized the late motion as either a deliberate, bad faith effort to manipulate the court, or an act of gross incompetence:

The patently untimely request for the appendix thus reflects either a tactical shift or just an afterthought. One possible explanation is that it is an attempt to reverse a deliberate tactical decision by Mr. Trump’s counsel not to raise the question of the appendix over the past three years, a decision perhaps the product of a belief that asking for the appendix might well have resulted in renewed demands for Mr. Trump’s DNA. Another possible explanation is a negligent failure to read the report with any care over the entire three-year period and thus the failure to notice the lack of the appendix. But whatever the explanation, the effort comes too late.

These are not words you want to hear from a judge presiding over your imminent trial. Nor do you want him audibly rolling his eyes at your blasé claim that the blatant violation of agreed upon discovery timelines will have no affect on the trial schedule.

So, this is all going swell. Can’t wait to see what crazy shit they come up with in the next ten weeks. Might this be a strategy to provoke a mistrial, or better still, get the case reassigned to a different judge by provoking Judge Kaplan to leap across the bench and pummel the defendant’s counsel?

If so, you heard it here first. MUST CREDIT WONKETTE.

[Carroll I, Docket via Court Listener / Carroll II, Docket via Court Listener / Daily Beast]

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