OK - Carroll v. Trump 2d trial, jury selection to start. So far E. Jean Carroll at front table - now Trump has entered the courtroom. Inner City Press will live tweet as it did the first trial (incl in this book) thread below amazon.com/Trump-Trial-Pr…
Trump is leaning over at defense table, whispering with one of his lawyers. E. Jean Carroll, seated at the front table, has not turned around to look at him.
Still no sign of Judge Kaplan; his deputy Andy was up front, now stepped out.
Alina Habba is leaning forward to talk to Trump, then to others of his lawyers at the middle table.
All rise!
Judge Kaplan: Before we get to the jurors, there are a few things I want to say. I trust we can agree that I will ask the whole panel whether any of them are in a position where they cannot be fair, and I'll excuse those who say yes. Anyone have a problem?
No. No.
Judge Kaplan: Each party, Ms. Carroll and Mr. Trump, is now prohibited from trying to communicate to any juror, unless the court and the other side have been advised, and the court has given permission. No party can object except through their lawyers
Judge Kaplan: The Court has issued restrictions... Ms. Habba have you advised Mr. Trump of them?
Habba: We have issues with them we'd like to address.
Judge Kaplan: I'll hear you briefly, but that's the way it's going to be.
2d Trump lawyer: We have an appeal
2d Trump lawyer: Being here, we have forfeited our right to appeal to the Supreme Court --
Judge Kaplan: Overruled.
2d Trump lawyer: The decision in the first case is on appeal, we preserve the right --
Judge Kaplan: Overruled.
2d Trump lawyer: The Court has found that admitting the Anderson Cooper is overly prejudicial to Ms. Carroll --
Judge Kaplan: I said a lot more than that.
2d Trump lawyer: We don't know if the other 2 women will testify. We tried to include an expert...
2d Trump lawyer: The rulings in the last 72 hours prohibit us-
Judge Kaplan: Overruled.
Habba: Thanks, Michael. Your Honor, how are we supposed to prepare?
Judge Kaplan: You have a witness list.
Habba: Your order did not address it.
Judge Kaplan: I won't rule yet
Judge Kaplan: In my courtroom, when the ruling is made, that's the end.
Habba: What about the funeral on Thursday? I've never seen someone have to choose between being at a trial being sued for millions of dollars. My client flew through the night to be here
Judge Kaplan: You asked for a week and I denied it. I have said if you rest your case by Thursday, he need not be here. We will continue the case to the next Monday. That's the allowance I am going to make. The repetition is not accomplishing anything
Habba: I would like to proceeding today and tomorrow, and not Thursday.
Judge Kaplan: I have ruled.
2d Trump lawyer: It is unnecessary to gag both parties during the trial. You can tell the jurors not to read media.
Judge Kaplan: There is no gag order.
2d Trump lawyer: So the parties are free to talk about the trial?
Judge Kaplan: Not in this courtroom or to the jurors.
Habba: You've made your mind up. On Anderson Cooper, you've ruled we can't play what she said about rape being [seen by some as] sexy
Judge Kaplan: I will rule as the issues arise. Ms. Kaplan, how long will your case take?
Roberta Kaplan: Two, two and a half.
Judge Kaplan: And Ms. Habba? Putting aside if Mr. Trump testifies.
Habba: Putting that aside, a day, day and a half. Carol Martin and...
Habba: Then Mr. Trump, it would depend if the other two testify. I see you think it's funny --
Judge Kaplan: It's not funny. You want to call Martin, but they shouldn't?
Habba: We should get to call her first.
Carroll's 2d lawyer: We don't think she has relevance
Judge Kaplan: You can cross her. Is the jury pool not ready?
2d Carroll lawyer: Ms. Martin was cross examined last time on her views of Mr. Trump. That's not permissible here.
Judge Kaplan: I'll deal with his as it arises. We'll take a recess
Thread will continue
Interim update: Trump is still at the defense table waiting, with Judge Kaplan out of the courtroom and the prospective jurors not yet in. E. Jean Carroll is still in the courtroom too, at the front table. Thread will continue
OK, the judge is back.
Judge Kaplan: Let's begin seating the prospective jurors.
[Trump, Carroll and their lawyers all standing and waiting as prospects file into the jury box]
[Now the gallery benches are filled with prospective jurors, too.]
Courtroom deputy Andy: Would all jurors please rise and raise your right hands at this time? Will you answer with the truth, the whole truth and nothing but the truth so help you God?
Judge Kaplan: This case is between a writer and advice columnist E. Jean Carroll and former president Donald J. Trump. We expect the case to take 3 to 5 days of trial. We will sit today through all or part of Thursday, then Monday.
Judge Kaplan: We need to find a panel that is willing and able to decide this case fairly. Both parties have a right to excuse a limited number of jurors without giving any reason. I don't want to embarrass anyone. I can hear you at the sidebar.
Judge Kaplan: You will be anonymous. Tomorrow those selected you will be picked up at locations and be driven into the underground garage. I suggest that you consider whether it would be a good idea to use a name other than your own - so other jurors don't know
Judge Kaplan: This is for your own protection. This case has attracted media attention in the past and will, it seems, this time. We want you protected for harassment and invasions of your privacy. No cell phones, no posting of anything on the Internet, no reading
Judge Kaplan: Don't tell your family members and loved ones that you are on this case... Ms. Carroll sued Mr. Trump for defamation in statements he made in June 2019 after she accused him of having sexually assaulted her in the mid 1990s
Judge Kaplan: Mr. Trump denied knowing her and said she only made the accusation in order to sell a book. For purposes on this trial, it has been determined already that Mr. Trump did sexually assault Ms. Carroll, the jury does not need to decide that.
Judge Kaplan: Mr. Trump contends that Ms. Carroll is entitled to only nominal damages, and no punitive damages. I need to ask you: if the answer is Yes, please raise your hand or stand up. Would you be unable to give both sides a fair trial?
Judge Kaplan: Anyone in the jury box say Yes, unable? In the jury box, Seat 10, Number 20. And in the back, the man with the open collar? Number 7. Thank you. Number 9? Seat 40. Thank you, be seated. Those three, Jurors 20, 40 and 41, you are excused
Judge Kaplan: OK, next group of questions - again if the answer is Yes, raise your hand or stand up. Does anyone personally know Ms. Carroll or her family? No affirmative response. Anyone seen anything about her that would make it hard to be fair? No affirmative
Judge Kaplan: Anyone had dealing with Ms. Carroll's law firm?
Prospective juror: I worked with them pro bono on marriage equality issues.
Judge Kaplan: OK. Anyone personally know Mr. Trump or his family? No affirmative response. Anyone work for him? Lady in back?
Prospective juror: In 2017 I worked for Ivanka Trump's company.
Judge Kaplan: Could you be fair?
Prospective juror: Yes.
Judge Kaplan: Gentleman? Number 36?
36: I was a US Navy Officer.
Judge Kaplan: Would that impact your fairness?
36: No Sir.
Prospective juror 69: My father's moving company, we were the movers for the Trump companies when they did the buildings on the West Side.
Judge Kaplan: Could you be fair?
69: Yes.
Judge Kaplan: Has anyone volunteered for Mr. Trump or campaign?
Prospective juror: I spoke at the White House. We do policy advocacy work.
Judge Kaplan: Did you meet Mr. Trump?
Prospective juror: Only indirectly.
Judge Kaplan: Could you be fair?
Prospect: Yes
Judge Kaplan: Does anyone know Ms. Habba? No affirmative response. You may hear testimony from or about, Ms. Crowley?
Crowley: Bergdoft, Humphreys, Carol Martin, Robbie Myers
Habba: Ms. Martin is not on that list, correct?
Judge Kaplan: That was unnecessary
Prospective juror 27: I know Robbie Myers, editor of Elle, I have my own company.
Judge Kaplan: Could you be fair?
27: Yes.
Judge Kaplan: Have you read seen or heard anything about this case? In the jury box, seats 1, 9, 13, 14, 15, 17 and 18
Judge Kaplan: Would this make you unable to be fair? No affirmative response. In the back? Andy could you read out the numbers?
Andy: Seat 20, Number 27; Seat 21, Juror 3; Seat 24, 58; Seat 25, 16; Seat 26, 42; Seat 27, 1; Seat 28, 70; Seat 29, 79; Seat 30, 68
Judge Kaplan: For those in the back, stand again if anything you've read seen or heard would make fairness impossible. No affirmative response. I'm reminded, to ask Ms. Habba about her witnesses & places.
Habba: President Trump and the other name was already said
Judge Kaplan: Have you heard about the previous case, sometimes called Carroll II? No affirmative response. Raise your hand if you are registered to vote. Number 34 are you enrolled in a political party? Yes. Number 56?
Response: No I am not.
Judge Kaplan: Raise your hand if you voted in the 2020 Presidential election... All but 2. Let the lawyers make notes. Did you vote in 2016 and/or 2020?
Both. Both. Both. Only 2020 (one says, then another)
Last row: Both, Both.
Judge Kaplan: Has anyone contributed to Mr. Trump or his campaigns or PACs supporting him?
Voice: Yes. And I have family members who donated.
Judge Kaplan: How about supporting a candidate who Mr. Trump supported? No affirmative response.
Judge Kaplan: How about support to campaigns of Barrack Obama, Hillary Clinton or Joe Biden? Hands can go down.
Number 3: For Joe Biden...
Judge Kaplan: Anyone back on the left gone to a rally for Mr. Trump?
68: Yes.
Judge Kaplan: Anyone think the 2020 election was stolen?
Voices: "68." Then also "69."
Judge Kaplan: Unable to be fair? No affirmative response. Have you been a member of Redneck Revolt? Proud Boys? Oath Keepers? KKK? Thin Blue LIne? Trump Supporters of NY? No.
Judge Kaplan: Have you ever posted on Truth Social or Rumble? No affirmative response. Have you seen any posts about Ms. Carroll?
18/63: Yes.
Judge Kaplan: Has anyone seen allegations of sexual misconduct by Mr. Trump? Stand up.
Number 3: In newspapers.
27: And TV
Judge Kaplan: Has anyone seen news of criminal indictments of Mr. Trump? Lot of hands. Could anything make you unfair? Number 18 / 63. Anyone else? Shall I excuse 63? Yes. On consent. Please give your card to Andy. Has anyone regularly read Ask E. Jean? No
Judge Kaplan: Anyone watched The Apprentice? Enough time lawyers? Anything you've seen make you unfair? No affirmative response. Formed any views on the credibility of Mr. Trump or Ms. Carroll that you could not put aside? No affirmative response.
Judge Kaplan: Anyone believe presidential immunity covers this case? It does not - he can be sued. No affirmative response. For this trial, it has been determined Mr. Trump sexually assaults Ms. Carroll, and he defamed her. Anyone can't accept that? No affirm
Judge Kaplan: Anyone accused of, or accusing of, unwanted touching or abuse? Lady in the back?
A: I'm fine answering your question. My ex-spouse was accused.
Judge Kaplan: Were you the accuser?
A: No. I can be fair.
Judge Kaplan: I instruct jurors not to discuss the case on social media. Could anyone not resist the temptation? No affirmative response. Hearing or vision problem? No affirmative response. Anyone not speak English? No affirmative response.
Judge Kaplan: Anyone been a party to a civil lawsuit?
42 (male) - Yes, landlord tenant cases, family members.
Judge Kaplan: Could you be fair?
42: Yes.
Female prospective juror: A suit against my co-op board. I could be fair.
Judge Kaplan: Anyone serve on a jury?
Female prospective juror: A malpractice suit in White Plains.
Another: Hung jury in Baltimore City.
Man: A jury for sexual assault. It arrived at a decision. NY Supreme in the late 90s.
Juror 1: Three juries, all with verdicts
73: I served on a jury in White Plains regarding something like this.
Judge Kaplan: What do you mean by that?
73: It was about writers. Something about not being available for the person. Assistant.
Judge Kaplan: Thank you.
Female: Robbery and cold case
Judge Kaplan: Anyone not vaccinated against COVID? Please tell me your name--
69: My name?
Judge Kaplan: Pardon me.
[69 previously said the 2020 election was stolen, and see Inner City Press' tweets for Subscribers for prediction : )
Judge Kaplan: Counsel, please approach.
[Whispered sidebar - will 69 and 68 be bounded by Team Carroll? Thread will continue below]
[While we wait, in Carroll v. Trump jury selection, a couple of photos, one related, one not (?) -
here's icy scene in press pen outside courthouse @SDNYLIVE
@sdnylive @MatthewLeeICP They're back.
Judge Kaplan: Juror 3, you said you did something for or with Mr. Biden. What was it?
3: I made phone calls. A phone bank.
Judge Kaplan: Campaigns can, if they have enough money, hire people. Were you hired?
3: I was a volunteer.
@sdnylive @MatthewLeeICP Judge Kaplan: Anyone feel Mr. Trump is being treated unfairly by the court system? Please stand up. Oh, Number 68 in the back of the room. And in jury box, 29 in Seat 8. OK, we'll take a morning break - then come back for a few more questions
Thread will continue
@sdnylive @MatthewLeeICP They're back.
Judge Kaplan: Here's the time we find out a little more about you folks. Andy, do you want to get the microphone? Let me tell you what the questions are: How old are you - that's optional - what county, education, what do you do for a living
@sdnylive @MatthewLeeICP Judge Kaplan: your kids if any, and media.
Juror: I've lived in The Bronx for 60 years. One child works in finance, the other sells time. I'm a retired MTA track supervisor. I watch Channel 7 at 6 o'clock.
56 (female) I was born in Germany. I have two children.
@sdnylive @MatthewLeeICP 56: I worked for the German School of New York. I haven't looked at the news for the last year, I learn about history, colonization to the present. And about Germany.
Judge Kaplan: Andy, can we crack up the volume.
28 (male) I do property management, Facebook
@sdnylive @MatthewLeeICP Voice: I'm 58, I live in Westchester. I work in cyber security sales. Son in ROTC. NY Times.
Male: I'm 40, I moved to Manhattan in 2009, before that Barcelona where I'm from. Spanish newspapers.
30 (male) Software engineer. Girlfriend in NJ. I scan news
@sdnylive @MatthewLeeICP Voice (female) I run large scale operations at a university.
Judge Kaplan: Operations of what?
Juror: Student center.
38 (male) High school, I work in Westchester for Low Voltage. It's just a job I do. My fiancee works at a bank. We moved to Queens. TikTok
@sdnylive @MatthewLeeICP Voice (female) You can guess my age. My oldest is a litigator, my younger is in law school. WSJ.
Juror 29 (female) I'm 60 and teach in Westchester. 3 kids, 1 in the Army, another in finance. News all over.
Juror 6 (male) I'm 46, a doctor, NYT.
@sdnylive @MatthewLeeICP 32 (female) I'm 68, I have a degree in playwriting.
Voice (female) I work in underserved communities. NY Mag
66 (female) I'm 37, I lived in Miami, I'm a publicist for Big Tech. Newspapers.
82 (male) Therapist, I live in Westchester for 17 years, news from YouTube
@sdnylive @MatthewLeeICP Juror 10 (male) I'm 40, no kids. Post production for TV shows.
69 (female) I live in Westchester, I am a diversity officer for a large communications union, I'm a work place investigator.
Juror 27 (female) Native Manhattanite. I own my own communications firm
@sdnylive @MatthewLeeICP Juror 3 (female) Westchester, I work in my town library. My children are graphic designers. Pod Save America.
Judge Kaplan: Let me have that one again - God Save America?
3: Pod.
4 (female) Manhattan, I am a costume designer.
36 (male) I am 36, Tribeca, banker
@sdnylive @MatthewLeeICP 58 (female) I am 40, Westchester. 2 kids, I have a Masters, Board of Ed
68 (male) I grew up in British Columbia, corporate lawyer at a multinational. Aggregators like Real Clear Politics.
79 (male) Westchester, 2 kids, my last job was in streaming media
@sdnylive @MatthewLeeICP 70 (female) I'm a violinist. Print media and the radio.
Juror 1 (female) Native New York, single, I teach science.
Juror 42 (male) I'm a prosecutor, now I live in Manhattan.
Juror 16 (female) Originally from Israel. I work for a tech company. I have an MBA.
@sdnylive @MatthewLeeICP Voice (male) I work in marketing, as do my sons. I log into my email, I scan Yahoo newsfeed.
Juror 2: Putnam County. Pharmaceutical, I'm a scientist.
Juror 5 (female) I have a BFA in musical theater. I am single, NYT and social media
Juror 73 (female) Retired
@sdnylive @MatthewLeeICP Juror 85 (male) I'm a performer, I'm between jobs. BFA, Internet outlets.
Juror 61 (male) Work at a big bank, Manhattan, social media.
Juror 45 (Male) I'm from Azerbaijan, Baku
Judge Kaplan: Slower.
45: US for 28 years, work at hospital, Euro News on TV
@sdnylive @MatthewLeeICP Voice (male) I live in the Bronx and work at Montefiore Hospital, I watch Fox and Channel 12
Voice (male) My husband and I live in Manhattan.
Juror 75 (female) retired teacher, I live in The Bronx.
Judge Kaplan: Juror 11, did you say you live in Queens? When did you get your jury notice?
11 (male) I used to live in Yonkers.
Judge Kaplan: Counsel, may I see you at sidebar?
They've back.
Judge Kaplan: Andy, please read out the jurors.
Andy: Juror 34 is 1; 56 is 2; 28 is 3; 21 is 4, 23 is 5, 6 is 6 (what are the odds, someone says), 66 is 7, 82 is 8 and 10 is 9.
Judge Kaplan: We're resume at 3 pm with openings.
Thread will continue
OK, they're back - except, Trump is not at the defense table. A 3d of his lawyers starts speaking and --
Judge Kaplan: Are you a member of the bar of this court?
3d lawyer: No, I'm a member of the New York State bar
Judge Kaplan: Please sit down.
Jury entering!
Judge Kaplan: The plaintiff has the burden to make the scales tip - but this is not proof beyond a reasonable doubt, put that out of your mind. A magazine published an excerpt including Ms. Carroll's account of being sexually assaulted by Mr. Trump in Bergdorf's
Judge Kaplan: Mr. Trump denied knowing Ms. Carroll, and said she made it up for an improper purpose. There has been a prior jury decision, some of which is binding on you: Mr. Trump in fact sexually abused Ms. Carroll by inserting his finger into her v*gina
Judge Kaplan: Mr. Trump's false statements were defamatory. You will decide if he should pay punitive damages... You shall not use social media, including Twitter now X. I expect you will tell me if another juror does. Try not a form an opinion until the end
Judge Kaplan: Now, opening statements. Plaintiff?
Carroll's Shawn Crowley: In the Spring of 1996, Donald Trump sexually assaulted E. Jean Carroll. That's a fact. It has been proven. A jury sitting in the same seats as you found that it happened. Why are we here?
Carroll's Crowley: She came forward in June 2019. Donald Trump said he never met her, that she just made it up to make money. He was President, he used the world's biggest microphone against Ms. Carroll. He told lies. That's already been decided
Carroll's Crowley: What are you here to decide? Whether Donald Trump's defamatory statements caused her harm. And if so, how much should he pay. This trial is only about damages. She had a reputation as a writer and advice columnist. He unleashed his followers
Carroll's Crowley: You'll see the threatening messages she received. She lives every day in fear from the threats she gets from his followers online. How much money will it take to make him stop? He didn't stop in 2019. He did it in October 2022. And today he lies
Carroll's Crowley: Today as Donald Trump campaigns for president he continues to defame Ms. Carroll. We are proud to represent her. You'll hear from the former editor of Elle.
Carroll's Crowley: Ms. Carroll is going to tell you she grew up in Indiana, and submitted her first article at 12. She was a beauty pageant queen. She wrote for SNL, then Ask E. Jean for Elle. Then Donald Trump sexually assaulted her. In Bergdorf's.
Carroll's Crowley: They had met at a party, with their then spouses. Here is a photo [John Johnson, Ivana Trump] In 2017 she took a road trip, to write a book, listening to women about men. It became a memoir, and NY Magazine published an excerpt.
Carroll's Crowley: Donald Trump over the course of four days issued baseless attacks. On June 21, 2019 then President Trump claimed he never met Ms. Carroll in his life. He called it a disgrace. He threatened her, saying People should pay dearly for making it up
Carroll's Crowley: Four days later he lied again--
Trump's 2d lawyer: Objection. No damages are being sought for that.
Judge Kaplan: But it is relevant to another issue, Mr. Madaio, and you know that.
Carroll's Crowley: Suddenly Ms. Carroll was branded a fraud
Carroll's Crowley: He spoke from the White House. And many believed him and they went after Ms. Carroll. They bombarded him with threatening tweets. Within minutes, people amplified Mr. Trump, on Facebook and Twitter. They called her a liar
Carroll's Crowley: Donald Trump's attacks have her living her life in fear. And they ruined her professional reputation. You'll hear from Robbie Myers of Elle... She went from a respected columnist to being viewed as a political operative. Her dream was shattered
Carroll's Crowley: In October 2022 Donald Trump told his followers that her story is a con job and a hoax. She sued him again, including for the sexual assault under the New York State law. That suit moved faster, in a two week trial last spring.
Carroll's Crowley: The jury found assault and defamation. But the day after, Donald Trump went on CNN and called her a liar, and a wack job. He lies, even today. You'll hear that as Donald Trump faces trial, he keeps doing it. He sit here this morning and posted
Carroll's Crowler: He posted 22 times today. As he runs for president, he continues to defame her. You'll be asked to decide how much money he should have to pay, to ensure that he never defames her again. It's time to hold Donald Trump accountable
Carroll's Crowley: It's to make Donald Trump pay, dearly.
Judge Kaplan: Thank you. Ms. Habba?
Alina Habba: I represent former president Donald J. Trump. This is about two statements. Two. The other side will attempt to paint Ms. Carroll as losing everything
Habba: President Trump defended himself when publicly accused --
Carroll's lawyer: Objection, Your Honor!
Judge Kaplan: Don't go much further.
Habba: Her career has prospered. She has been thrust back into the limelight like she always wanted
Habba: She has to prove that she actually suffered harm, attributable to two statements. Two. She will allege two types of harm, compensatory and punitive... This case is about defamation, not assault. You're not here to make her whole from that.
Habba: These days, the Internet always something to say and it's not always nice. She waited 30 years, when she was making less--
Carroll's lawyer: Objection!
Judge Kaplan: Basis?
Carroll's lawyer: "She waited 30 years"
Judge: Overruled
Habba: They just said, He unleashed his followers. But before he spoke her name she was being denounced as a liar. Now she wants President Trump to pay for the mean tweets. Ms. Carroll enjoyed controversial discussions in the public. She liked that
Habba: She wrote about "frigid women." And "a dog in heat... Men Catching Made Easy, Mr. Right, Right Now." And "What Do We Need Men For"? These books featured her face on the cover. She moved from Montana to NY because the quiet life didn't suit her
Habba: Her career was dwindling in 2014. She needed a spark. Even this book was not met with critical acclaim. Her interviews were about Donald Trump, not the book. Even her own close friends thought her head was getting too big
Habba: It is no secret that if you speak about President Trump you will elicit reactions, positive and negative. Should he foot the bill? The evidence I will show you will show you that Ms. Carroll's conduct has caused this media frenzy. She chose New York Magazine
Habba: If you make explosive allegations against a sitting president, any sitting president, you will spark a reaction. There were scores of tweets directed at her in the five hours after she posted her story in The Cut, which paid her, before any Trump statement
Habba: She was fully enjoying the attention. We will ask Ms. Carroll to confirm that she felt she was in a cocoon of love after the publication. She has become an advocate, this has become part of her identity because that was her plan. She will continue
Habba: She has gone on podcasts she couldn't possibly have been on.. to increase her public profile. Duty to minimize the effects, it's not my client's duty, it's hers. She spread the message far and wide. She was the catalyst of her own harm.
Habba: This is about mean tweet from Twitter trolls. She has to show they are from my client's two statements. She went on TV. Again and again and again. Duty to mitigate. Ms. Carroll has made Trump the focal point of her new identity
Habba: She has been monetizing her brand for years, she had plans to continue doing so. Her social circle has changed. She is widely regarded as an anti Trump person, she hands out with Mary Trump, a vocal critic of her uncle. A new book, a romance, is planned
Habba: She is friends with Kathy Griffin, shown her - I would not allow my child to post it, holding a replica of President Trump's severed head. She got what she wanted. It's up to you now. See through this charade - tell her, just as they said, it is enough
Habba: She craves fame and has, long before Trump. They have to be able to prove to you that the harm is because of those two statement that he said, nothing else. They will not be able to do that. Their expert has never executed a reputation repair campaign
Habba: They want President Trump to pay her money to pay social media influencers to post messages. It is severely flawed, I will walk you through it. Their expert ignored any positive she has experienced. Their expert left out whatever doesn't serve their case
Habba: So why are we here? Your task is to determine, the judge will articulate what he wants you to determine-
Judge Kaplan: The judge will NOT articulate what to determine, only the law
Habba: I was trying to avoid an objection
Judge Kaplan: You've done it again
Habba: She wants another award. Your job is to give her more money. But regardless of a few mean tweets, she has more famous than ever before. They cannot fulfil their burden. Thank you for your time.
Judge Kaplan: We'll resume tomorrow. Counsel remain
[Jury exits
Judge Kaplan: Anything else? No? OK I will see you tomorrow.
All rise!
Worth Street snowy vlog coming? Then story, including on matthewrussellleeicp.substack.com
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OK -now Luigi Mangione NYS arraignment, his lawyers in front, two rows in front of Inner City Press. Here since 8 am to live-report, including for "Lone Wolf" project coming soon (later today?) - live tweeted thread below
Court security officer: Defense counsel, do you want to set up?
[They do. Judge Gregory Carro has taken the bench]
[Stray note while waiting for Luigi Mangione to be "produced" - many members of the public, almost entirely female, who began lining up at 4:30 am for this proceeding spoke in the hall why they are here- this will be part of "Lone Wolf," ideally online later today
OK - now Luigi Mangione presentment in SDNY Federal court charged with murder through use of a firearm, stalking, firearm - Inner City Press is covering the case (toward a book) and will live tweet, thread below
Luigi Mangione has been brought in by US Marshals, in a black quarter-zip sweater. He sits between his lawyer Karen Friedman Agnifilo and her husband (Sean Combs' laywer) Marc Agnifilo. Now waiting for Magistrate Judge Katharine H. Parker. Drum roll
All rise!
Magistrate Judge Parker: Good afternoon everyone. Mr. Mangione, you have been arrested based on charges filed against you in a complaint.
[Here, on Inner City Press' DocumentCloud: documentcloud.org/documents/2546…
OK - now at US v. Sean Combs - amid argument about whether info should be "inspection only" or Attorney's Possession only (& while Buzbee and Jay-Z's Spiro fight in civil cases). Inner City Press wrote book & will live tweet, thread below amazon.com/dp/B0DHP7YF19
Judge's clerk: We'll bring out the defendant in a moment, check with Mr. Agnifilo... OK, bring out the defendant!
[Combs comes of the side door in MDC Jail tan, sits next to Tony Ricco and hugs with, then waves at his other lawyers and those in audience
All rise!
Judge Subramanian: Good afternoon, Mr. Combs.
Combs: Good afternoon, how are you doing today...
Judge: Great. What can we take care of today?
Assistant US Attorney Emily Johnson: We will produce all discovery by the end of this year.
OK - now NY v. Daniel Penny Day 5 of jury deliberations, only on Count 2 after Judge Wiley dismissed Count 1 on Friday. Inner City Press wrote 1st book Now working on sequel, here for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC
Update of 9:39 am - Judge Maxwell Wiley enters the courtroom stage left, not yet in black robe, carrying tall paper cup presumably of coffee.
Court officer: Morning, Judge.
Judge waves and exits stage right.
Protesters chanting down on Centre Street can be heard
Update of 10:03 am - Now Judge Wiley comes in in black robe.
Court Officer: Come to order! Counsel, have a seat!
[ADA Dafna Yoran is standing in the gallery, looks up and says, Oh, okay. Now at prosecution table.
Daniel Penny and his lawyers have yet to come in.
OK - now NY v. Daniel Penny Day 4 of jury deliberations, after videos & read-back of instructions Inner City Press wrote book "Penny for Your Thoughts" & is here in the courtroom for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC
Update of 10:27 am: Have been here in the courtroom for some time, still no sign of the judge, jury, ADAs or Danny Penny & his lawyers, presumably waiting in their room down the hall to be called in for a note or verdict. In the interim some exhibit & comparisons
Transcript of 9-1-1 call, belatedly put into the public docket this week: "someone started acting crazy on the train, talking about he's not afraid to go to jail, he's ready to hurt someone, and this guy put him in a chokehold to calm him down, so -
OK - now NY v. Daniel Penny Day 3 of jury deliberations, to start with read-back of Dr. Harris. Inner City Press wrote book "Penny for Your Thoughts" and is here in the courtroom for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC
Update of 10 am - the two court reporters who started dramatic reading of Dr. Harris' cross-examination are here and ready. ADA Dafna Yoran has come into the courtroom; still no Daniel Penny, or judge, much less jury
Update of 10:04 am: Daniel Penny and his lawyers and team come into the courtroom. In the first row of the gallery behind them is a team member, previously law enforcement, who appears to have appeared on Netflix' Get Gotti, about wire tapping the Bergin club