My Trump Cultist friend posted an image of the verdict in the Carroll case… but only Item 1, which was circled in red. 'Did Ms. Carroll prove, by a preponderance of the evidence that 1. Mr Trump raped Ms. Carroll? [‘No’ is checked.] I took a screenshot of the whole verdict and circled, in red, Item 2, and posted it as a reply. Anyway, since I read it…
Item 4 on the verdict says Carroll is awarded $2 million in compensation. Did she ever receive that sum?
No, that was from the first trial and it’s on appeal. Trump posted cash instead of an appeal bond in that case. So, if she prevails, she’ll get a nice check without any more fuss.
But there was also some fine print in the bond that would have, curiously, given Trump an additional 30 days to come up with the money—as well as another 30 days for FIC to come up with the money if Trump failed to pay. But over the weekend, Carroll’s attorney spotted the odd jumble of legalese and pressured Trump’s legal team to give up the ploy for extra time. On Monday, she alerted U.S. District Judge Lewis Kaplan of the new deal. And in a sign of just how interested he is, the judge immediately responded in a handwritten note scribbled over her letter to the court.
“The parties shall submit revised documentation promptly,” the judge wrote back.
Judge Lewis Kaplan, in a written opinion, said Trump’s legal arguments are without merit. The judge also found that the punitive damages the jury awarded to Carroll “passes constitutional muster.”
This denial sounds pretty emphatic, but could Trump appeal still further? And if not, does this mean Chubb pays the $83 million to Carroll and can now collect it from Trump?
I believe this was only a ruling on the motion for a new trial. The whole thing still needs to go the appeals court. But the whole “new trial” gambit has fallen flat.
Sure would be nice if CNN were more clear about this sort of thing. CBS seems to support your take.
“We categorically disagree with Judge Kaplan’s decision,” said Alina Habba. “It ignores long-standing constitutional principles and is a prime example of the lawfare raging across this country. We are confident that this decision will be overturned by the Second Circuit.”
So this wasn’t the court (2nd Circuit) hearing the appeal.
And if I’m not mistaken, after the two years when th 2nd circuit finds no basis for appeal, it can be punted to the Supreme Court who may or may not agree to hear it. Which delays things to the maximum.
john sauer for team trump argued that it was a “quintessential he-said-she-said case” that involved a plantiff with a political motive encouraged by trump’s political enemies.
judges were skeptical of sauer’s evidentiary arguments, cutting him off at one point and asking him to focus on the legal arguments on appeal.
team trump argued that jessica leeds testimony about the incident on a plane in the 70’s should not have come into the trial.
kaplan for team carroll stated “it was a crime then to grope someone on a plane it is a crime today”.
the judges challenged kaplan to clarify how leeds fits the pattern that team carroll argued.
regarding the access hollywood video, kaplan argued it would’ve been better admitted as a confession.
kaplan further noted that trump was in court today, but he also had every chance to show up in court during the trial and he chose not to attend.
she said that the access hollywood and excerpts from trump’s deposition were appropriately admitted at trial especially in the absence of trump’s own testimony. trump did not put on a single witness in the civil case. we put on 11.
team trump argued that the trial judge made mistakes by allowing the juty to hear evidence from 2 other women who claimed trump assulted them. they also argued that the access hollywood tape should not have been permitted.
team trump further argued that the judge unreasonably restricted the team’s cross examination of witnesses by precluding them from asking questions about reid hoffman and cutting off arguments about george conway’s conversations with carroll. the also argued that the judge was wrong to stop them from questioning carroll about statements she made regarding the clothes she had from the attack.
in his remarks after the hearing trump once again opened himself up to another defamation charge. he also rambled about how the doj is involved in all of it and everyone is out to get him.