#Trump #EJeanCarroll #legal 🧵 for as long as I can comfortably last. 1/…

Via
Inner City Press who I refer to as Press:

They're back.
Judge Kaplan: Ms. Habba, do you have any other witnesses?
👉🏼: Yes, President Trump.
Judge Kaplan: I have a few things to say

2/ Press:

Judge Kaplan: There was a trial last year about the truth or falsity of Ms. Carroll claims. Mr. Trump was listed as a witness but did not testify. The jury found for Ms. Carroll. 👉🏼There are no do-overs, it's called issue preclusion or collateral estoppel.

3/ All are from Press unless I specify otherwise:

Judge Kaplan: The jury found that Mr. Trump inserted his fingers into her vagina. And that Ms. Carroll did not make up her claim. And that Mr. Trump's June 11 and June 22 statements were defamatory. 👉🏼Now Mr. Trump may not make any argument against this👈🏼

4/ (THE JURY ISN’T IN THE ROOM, BTW)
Judge Kaplan: Ms. Carroll adhered to the Court's rulings. Ms. Kaplan on behalf of Ms. Carroll questioned if Mr. Trump could offer any admissible testimony. Ms. Habba, you said he could testify about the reporters' questions, and if he was acting with ill will

5/ Judge Kaplan: A judge must seek to exclude inadmissible evidence. Concerns exist here, as including in Ms. Kaplan's letter. I want to confirm a few things. Ms. Habba, what would he testify to?👀

6/ Habba: I have only three questions for my client.
👉🏼Judge Kaplan: We're going to do it my way.🔥
Habba: He's going to stand by his deposition. That he had to respond to accusation and deny them.
Judge Kaplan: That's 100%?
Habba: I'm not testifying for my client

7/ Klasfeld:

She says he'll also claim that he didn't mean to harm her, but had to respond to the claims.

Press:

Judge Kaplan: Let me hear from the other side.
Roberta Kaplan: 👉🏼Just now Mr. Trump said under his breath he's going to say he never did it.
Judge Kaplan: He will not testify about questions asked of him by reporters?
Habba: No. If I may you Honor--
👉🏼Judge Kaplan: No

8/ Judge Kaplan: What are your questions?
Habba: That he stands behind his deposition. I'll ask about his state of mind, he'll say he was defending himself --
Judge Kaplan: And that's it?
Habba: Yes. And that he never intended to hurt Ms. Carroll.👈🏼🤦🏻‍♀️

9/ Klasfeld:

Roberta Kaplan notes that Trump had an opportunity to participate in the first trial, where he didn't appear.

Kaplan notes that the jury will be instructed that Trump's liability has been established.

10/ Roberta Kaplan: He had an opportunity to participate in a trial--
Judge Kaplan: 👉🏼And he lost. [ME: TRUMP HATES HEARING THAT, BEING CALLED A LOSER] I will so instruct the jury. More than once.
Trump says, "I wasn't at the trial, I never met this woman👈🏼 [Me: LIAR]
👉🏼Judge Kaplan: Mr. Trump, keep your voice down.

11/ Press:

Judge Kaplan: Will your client abide?
Habba: Absent having a glass ball
👉🏼Trump is speaking
Judge Kaplan:🔥 Mr. Trump, that is not allowed... I will permit him to get on the stand. You ask if he stands by it. That's it.
Habba: Only one question?
Judge Kaplan: You can ask the 2d question.
Habba: "Why did you make the statements"-
👉🏼Judge Kaplan: No.
Habba: I have a right to ask about intent.
Judge Kaplan:🔥 I will decide what he has a right to do here. That's my job, not yours

12/ Klasfeld’s version:

Trump pipes up.

Kaplan: “Sorry Mr. Trump, you’re interrupting these proceedings by talking loudly while your counsel is talking.”

13/ Press:

Habba: I can ask it that way--
Judge Kaplan: It will not be an open ended question. If you ask it, there is likely to be an objection and I am likely to sustain it.
Habba: That's it.
Judge Kaplan: OK.
Habba: What about 2d question?
👉🏼Judge Kaplan: It keeps changing

14/ Judge Kaplan: I hope lunch was better than the cafeteria usually is. Ms. Habba you may call your witness.
Habba: Defense calls President Donald Trump...
🤮Trump: Donald John Trump.
Habba: You viewed your deposition?
Trump: I stand by it 100%, yes.

15/ Btw, for the record, I was dead wrong about his testifying. I didn’t think he would. Moving on:

Trump: She said something I considered a false accusation --
Roberta Kaplan: Objection!
👉🏼Judge Kaplan: Sustained.
Habba: I have no further questions. [ME: THAT WAS QUICK]
Judge Kaplan: Cross examination.
Roberta Kaplan: There was a trial here, correct?
Trump: Yes

16/
Roberta Kaplan: Mr. Trump, is this the 1st trial between you and Ms. Carroll you've attended?
Trump: Yes.
Roberta Kaplan: No further questions.

Habba: Did you have counsel at the previous trial & follow their advice?
Trump: Yes.
Roberta Kaplan: Objection
👉🏼Sustained

Habba: No further questions.
Judge Kaplan: Jurors, you may go until tomorrow morning, closing arguments.
[Jury leaves]

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