Here’s the List of Things Trump Can’t Say at the Next E. Jean Carroll Trial
A federal judge on Tuesday set strict limitations on what Donald Trump and his attorneys can say during the former president’s upcoming trial for defaming the writer E. Jean Carroll.Trump will go on trial starting next Tuesday for comments he made in 2019, when he said Carroll accused him of raping her just to promote her memoir. Presiding Judge Lewis Kaplan has already determined that Trump is liable for defamation, so the trial is primarily to set damages.Kaplan issued an order Tuesday barring Trump and his lawyers from discussing Carroll’s choice of lawyer or who might be paying her legal fees. They are prohibited from making comments “concerning Ms. Carroll’s past romantic relationships, sexual disposition, and prior sexual experiences,” and they cannot argue that Trump did not sexually abuse Carroll or act with actual malice when making his comments about her.Here's the list of what he can't offer as evidence, argument, or comments in the jury's presence. And while it's not everything Carroll's side wanted, it might finally convince Trump that his testifying would be a bad idea. 3/ pic.twitter.com/XLayfVCVdA— Lisa Rubin (@lawofruby) January 9, 2024Trump’s legal team has argued that Carroll’s lawsuits are just another witch hunt against the former president. They claim her lawyer Roberta Kaplan (no relation to the judge) is biased because she has represented prominent Democrats, and that the whole lawsuit is being funded by a left-leaning billionaire.Judge Kaplan had already ruled over the weekend that Trump can’t argue he didn’t rape Carroll. Although Trump was found liable for sexual abuse, Kaplan has repeatedly stated that Trump “‘raped’ her as many people commonly understand the word ‘rape.’”In May, a jury unanimously found Trump liable for sexual abuse and battery against Carroll in the mid-1990s and for defaming her in 2022 while denying the assault. He was ordered to pay her $5 million in damages.Kaplan ruled in September that since Trump has already been found liable for sexual abuse, his 2019 comments are by default defamatory. Carroll is now seeking up to $12 million in damages.Legal analyst Lisa Rubin noted Tuesday that Kaplan’s latest ruling might convince Trump not to testify in next week’s trial. Rubin explained that Trump’s testimony could result in higher punitive damages, and he might violate the order while on the stand.Trump has already shown it will be difficult for him not to bring up Carroll’s past sexual experiences. Carroll wrote a popular sexual advice column in Elle magazine for nearly three decades. Just last week, over the span of about 30 minutes, Trump made 31 posts about Carroll on Truth Social. Among the many things he shared were media interview clips and social media posts that appear to come from Carroll, all stripped of context so as to paint her as some sort of sexual deviant.
A federal judge on Tuesday set strict limitations on what Donald Trump and his attorneys can say during the former president’s upcoming trial for defaming the writer E. Jean Carroll.
Trump will go on trial starting next Tuesday for comments he made in 2019, when he said Carroll accused him of raping her just to promote her memoir. Presiding Judge Lewis Kaplan has already determined that Trump is liable for defamation, so the trial is primarily to set damages.
Kaplan issued an order Tuesday barring Trump and his lawyers from discussing Carroll’s choice of lawyer or who might be paying her legal fees. They are prohibited from making comments “concerning Ms. Carroll’s past romantic relationships, sexual disposition, and prior sexual experiences,” and they cannot argue that Trump did not sexually abuse Carroll or act with actual malice when making his comments about her.
Here's the list of what he can't offer as evidence, argument, or comments in the jury's presence. And while it's not everything Carroll's side wanted, it might finally convince Trump that his testifying would be a bad idea. 3/ pic.twitter.com/XLayfVCVdA— Lisa Rubin (@lawofruby) January 9, 2024
Trump’s legal team has argued that Carroll’s lawsuits are just another witch hunt against the former president. They claim her lawyer Roberta Kaplan (no relation to the judge) is biased because she has represented prominent Democrats, and that the whole lawsuit is being funded by a left-leaning billionaire.
Judge Kaplan had already ruled over the weekend that Trump can’t argue he didn’t rape Carroll. Although Trump was found liable for sexual abuse, Kaplan has repeatedly stated that Trump “‘raped’ her as many people commonly understand the word ‘rape.’”
In May, a jury unanimously found Trump liable for sexual abuse and battery against Carroll in the mid-1990s and for defaming her in 2022 while denying the assault. He was ordered to pay her $5 million in damages.
Kaplan ruled in September that since Trump has already been found liable for sexual abuse, his 2019 comments are by default defamatory. Carroll is now seeking up to $12 million in damages.
Legal analyst Lisa Rubin noted Tuesday that Kaplan’s latest ruling might convince Trump not to testify in next week’s trial. Rubin explained that Trump’s testimony could result in higher punitive damages, and he might violate the order while on the stand.
Trump has already shown it will be difficult for him not to bring up Carroll’s past sexual experiences. Carroll wrote a popular sexual advice column in Elle magazine for nearly three decades. Just last week, over the span of about 30 minutes, Trump made 31 posts about Carroll on Truth Social. Among the many things he shared were media interview clips and social media posts that appear to come from Carroll, all stripped of context so as to paint her as some sort of sexual deviant.
