Trump’s deadline to put up the E. Jean Carroll judgment is this Saturday, March 9, and he’s still trying to get out of it. This just happened today:
Former President Donald Trump is seeking a new trial in the defamation case brought by former Elle magazine columnist E. Jean Carroll, arguing that the judge in the case improperly restricted his testimony.
Trump in January was ordered to pay $83.3 million in damages to Carroll for defaming her in 2019 when he denied her allegation that he sexually abused her in the dressing room of a Manhattan department store in the 1990s.
Trump spent less than five minutes on the witness stand, during which he testified that “I just wanted to defend myself, my family and frankly the presidency.”
Judge Lewis Kaplan instructed the jury to disregard the remark because it fell outside the bounds of what Trump was allowed to say.
In a court filing Tuesday, defense attorneys argued “the Court’s restrictions on President Trump’s testimony were erroneous and prejudicial” because Trump was not allowed to explain “his own mental state” when he made the defamatory statements about Carroll.
“This Court’s erroneous decision to dramatically limit the scope of President Trump’s testimony almost certainly influenced the jury’s verdict, and thus a new trial is warranted,” defense attorneys Alina Habba and John Sauer said.
The defense also asked Judge Kaplan to reduce the $83.3 million damage award, arguing it “surpasses the permissible bounds for such damages and exceeds comparable awards” in the Southern District of New York.
I can’t imagine how “his own mental state” would be a legal excuse to say any of the things he said. Also, in the second trial that ended in January, the judge had already found Trump guilty of defaming Carroll, and the only thing the trial was about was how much damages Trump would have to pay. Trump doesn’t seem to grasp that. It’s also likely Kaplan was doing Trump a favor by limiting his speech in court, considering how badly Trump’s own behavior hurt him in that case.
I am going to be absolutely furious if some other judge somewhere lets Trump slide on this.
Earlier today Carroll’s lawyers had hit back at Trump for his “promise” to be good for the penalty without putting up a bond. This is from Law & Crime:
In response to Donald Trump‘s continued promises to a judge in New York that he will pay the $83.3 million he owes to writer E. Jean Carroll for defaming her — without posting security — Carroll’s lawyer has offered a taut reply: Once again, Trump offers nothing to credit him but his “unsubstantiated say so.”
The message came in a one-page letter to U.S. District Judge Lewis Kaplan after the former president — already beset on all sides by indictments and legal dramas in Florida, Georgia, Washington, D.C. and elsewhere in New York City — asked for a third time to stay the execution of the defamation award to the veteran writer.
Trump’s attorneys Alina Habba and John Sauer have proposed that the court should give the defendant an unsecured 30-day delay to pay until all of his post-trial motions are resolved, or to allow him to post a reduced bond that would come in at little over $24.4 million.
Carroll’s attorney Roberta Kaplan wrote in the Monday letter to the judge that Trump’s latest filings are riddled with incorrect claims that it is she who “mischaracterized” existing Second Circuit case law on the enforcement of judgment without the posting of bond or another condition.
Not only has Trump once again offered “no alternative means other than his own unsubstantiated say so that he will have the $83.3 million available when Carroll prevails on appeal,” Kaplan wrote, but when his lawyers pointed to a 2015 strip search case in Long Island to support their argument, they misinterpreted it.
There’s more. But, yes, everybody knows what a hole Trump is in and that he has a history of lying about money. No one with any sense would trust him. His promioses to pay for anything mean nothing.
At The New Republic, Greg Sargent has a bad news is kind of good news post —
Some new polling from a top Democratic pollster finds mixed news for Team Biden on this front: Large swaths of voters appear to have little awareness of some of Trump’s clearest statements of hostility to democracy and intent to impose authoritarian rule in a second term, from his vow to be “dictator for one day” to his vague threat to enact “termination” of provisions in the Constitution.
That’s maddening for obvious reasons. But it also presents the Biden campaign with an opportunity. If voters are unaware of all these statements, there’s plenty of time to make voters aware of them—and the polling also finds that these statements, when aired to respondents, shift them against Trump.
The survey—which was conducted by veteran Democratic pollster Geoff Garin for the group Save My Country and shared with The New Republic—did something novel. It polled 400 voters in each of three swing states—Arizona, Michigan, and Pennsylvania—and weighted them in proportion with each state’s Electoral College votes. It omitted respondents who voted for Trump in 2020 and also said Biden didn’t legitimately win.
In short, the poll was designed to survey voters who are genuinely gettable for Biden. The poll asked them about 10 of Trump’s most authoritarian statements, including: the two mentioned above, Trump’s claim that immigrants are “poisoning the blood of our country,” his vow to pardon rioters who attacked the Capitol, his promise to prosecute the Biden family without cause, his threat to inflict mass persecution on the “vermin” opposition, and a few more.
Result? “Only 31 percent of respondents said they previously had heard a lot about these statements by Trump,” the memo accompanying the poll concluded.
The good news for Biden is that when respondents were presented with these quotes, it prompted a rise in Trump’s negatives. For instance, after hearing them, the percentage who see him as “out for revenge” jumped by five points, the percentage who see him as “dangerous” rose by nine points, and the percentage who see him as a “dictator” climbed by seven points.
This is why I’m not having a meltdown over the presidential polls. All is not lost. I heard recently that most voters don’t blame Trump for the overturning of Roe v. Wade. How many times did Trump brag — on video — that he was the one who overturned Roe?
For that matter, probably most voters haven’t listened to Trump speak at any length about anything since he left office. He’s getting worse. He barely knows what planet he’s on sometimes. There is plenty of opportunity for Democrats here.
In other news: Kyrsten Sinema announced she’s not seeking re-election. She may finally have gotten the memo that nobody likes her.
Today is Super Tuesday, of course. If anything interesting happens I may comment more later. Or not.
Update: TPM: Feds Slap 12 New Counts On Bob ‘Gold Bars’ Menendez
			
