The reason for Judge Kaplan’s order in the 2nd trial is that it’s a long-standing principle that you can’t keep relitigating an issue that’s been decided against you.
Trump could have testified in the 1st trial to make his case that he didn’t assault Carroll and that his statements were to defend his reputation, the office of the President, etc.
For whatever reason, Trump chose not to testify in the 1st trial.
And he lost.
He can’t use the 2nd trial to now lead the evidence that he could have led in the 1st trial. He, and the Court, are bound by the jury verdict in Carroll’s favour in the 1st trial. Kaplan concluded that Trump could not testify in the 2nd trial to try to overcome the jury verdict in the 1st trial
This principle is set out in a couple of legal doctrines, issue estoppel and res judicata.
More colloquially, “you only get one bite at the apple.”
The limits were severe in that Judge Kaplan vetted Habba’s questions ahead of time and would not allow open ended questions. Basically, Judge Kaplan refused to allow any discussion of whether the decision from the previous case was valid. He declared it as determined true and not to be questioned.
Note that I don’t think that was in any way unfair. I think it’s how any defendant would be limited.
Trump and his lawyer appear to be under the impression that it’s not defamation if there wasn’t intent to harm. If the harm is incidental rather than the objective, then it could possibly mitigate the value of the judgement against him because reasons.
I could see it having an effect on the amount of punitive damages (in theory). But anything Trump said would have likely increased the jury’s award. I’d like to see the actual brief, but I haven’t found a link to it yet.
I think there are two related mitigating standards WRT harm liability. You might get cut some slack if the harm can be deemed unintentional (“I didn’t realize the gun was loaded”), and it helps you to show remorse. When it comes to defamation, it is a pretty fucking high bar to show that any kind of harm was not intentional (“I just stabbed him to scare him, I didn’t expect him to bleed to death”). More importantly, Individual-ONE has never shown signs of genuine remorse, for anything, ever. He seems to be like some kind of -opath.
It’s March 8 or March 10, depending on how you measure it, before Trump has to come up with 91.3 million dollars (110% of the award) before Carroll’s lawyers can start the process of collections.
Trump’s pathetic cries of wanting a new trial (I want a do-over!), and the asinine claims that he couldn’t defend himself (when he declined to offer a defense in the first trial)… this really tells me that he actually does not have the money.
Forget about the 400 some million he owes New York in the other trial…
I don’t think he has the 90 million for this one. I’m starting to suspect he’s flat broke. Bankruptcy is his only out at this point, and this would kill him.
I don’t think Trump is flat broke, but I do think that so much of his wealth is tied up in real estate and various other investments, all of which are wrapped up in a number of holding companies, that he cannot liquidate what he needs before the deadline.
His wealth is all on paper, in other words. I suspect that he has very little cash that he could immediately put his hands on. And right now, cash is what he needs. Well, if he cannot turn his holdings into cash himself, I’m sure Carroll will be happy to do it for him.
Indeed, the moment of truth is coming up in the next four days and it’s going to be this one, not the $450 million one, which will topple the gameshow hosts house of lies. He not only doesn’t have it, he probably is in hawk so far up to his neck that dissolving his assets won’t get him much. Just a fat liar pretending to be rich. So interesting few days. I’ll take a shot: Mercedes files for divorce?
And even more importantly, after the first trial determined that he had defamed her, he doubled down on making the same claims again. There’s no way he can claim an “accidental, incidental” harm at that point. He’d been told in no uncertain terms that his actions were unacceptable, and he kept acting out anyways.
I’d support bringing back the terror birds and putting Trump in a tank of them. He always wants the biggest and best of everything like no one’s ever seen…
I believe that is the case with any other mortal. But remember, Trump believes he is untouchable. This is like what happens when the irresistible force meets the immovable object.
