A federal judge presiding over Donald Trump’s civil violence and defamation trial has refused the former president’s demand for a mistrial.
The cross-examination of E. Jean Carroll, the journalist who sued Trump, began again on Monday.
Judge Lewis Kaplan, Trump claimed, had made “pervasive unfair and prejudicial rulings” against him. Trump attorney Joe Tacopina said in a letter submitted overnight Monday that he would also urge Kaplan to “correct the record for each and every instance in which the Court has mischaracterized the facts of this case to the jury” or give him more flexibility in cross-examining Carroll.
“Here, despite the fact that trial testimony has only been underway for two days, the proceedings are already replete with numerous examples of Defendant’s unfair treatment by the Court, most of which has been witnessed by the Jury,” the letter stated.
Carroll sued Trump, claiming he raped her in the Bergdorf Goodman department store in the mid-1990s and then defamed her by denying her claim, saying she wasn’t his type, and suggesting she made up the tale to boost book sales. Trump has repeatedly denied any misconduct.
Tacopina raised several issues, including the judge’s ruling barring Tacopina from asking Carroll additional questions about any efforts Carroll made to obtain security camera footage from the department store, “expressing a corroborative view” that no one was on the sixth floor of the department store at the time of the alleged assault, and labelling certain lines of the defence attorney’s questioning as “argumentative” in front of the jury.
It would be unprecedented for a judge to declare a mistrial based on his own words made during the course of the trial.
Carroll’s cross-examination resumes.
Tacopina attempted to imply that Carroll was not damaged by the alleged attack during cross-examination on Monday.
Carroll testified that she continued to shop at Bergdorf Goodman, and Trump’s lawyer produced receipts showing that Carroll spent more than $13,000 at the department store between 2001 and 2018.
“I made it abundantly clear that Bergdorf’s is not a place I’m afraid to enter,” Carroll testified.
She also admitted to being a “fan” of Trump’s “The Apprentice” and enjoyed witnessing the rivalry amongst wannabe businesses.
Tacopina showed her a post from August 6, 2012, on her Facebook page, in which Carroll asked, “Would you have sex with Donald Trump for $17,000 (even if you could a) give the money to charity b) close your eyes?” and he’s not permitted to speak?)”
“Did you joke about having sex with Donald Trump for money in this Facebook post?” Tacopina inquired of Carroll.
Yes, she did, she replied.
Trump’s lawyer also looked over a series of letters Carroll wrote advising her readers to report sexual abuse and other harassment to the authorities.
Carroll accepted her recommendation to readers to report allegations of rape to the police and explained why she did not do so herself.
“I would never call the police for something I was ashamed of,” Carroll explained. “I was embarrassed by what had happened. I believed it was my fault, and I would never, never, never go to the police.”
Tacopina also read parts from Carroll’s book and questioned her decision not to sue former CBS boss Les Moonves after he denied sexually assaulting her in a lift.
“He didn’t call me names,” Carroll pointed out. “He didn’t grind my face through the mud like Donald Trump did.”
