OK- Day 3 of Carroll v. Trump 2d trial. Carroll still on cross by Habba, Trump not present, at funeral he's said. Inner City Press will live tweet as it did 1st trial (incl in this book
) thread belowamazon.com/dp/B0C4WZG4D3
All rise!
Judge Kaplan: Ms. Carroll, you're still under oath.
[But the jury hasn't been brought in. Some laughter]
Jury entering! [Good mornings exchanged]
Habba: Ms. Carroll, have you spoken to your counsel about your testimony since yesterday?
Carroll: No.
Ms. Habba: I was asking you about the five hour gap-
Judge Kaplan: Ms. Habba, five hours have not been established. You might be well advised to refer to "the tap"
Trump's 2d lawyer Madaio: Your Honor, this is an important point. May we have a sidebar?
[it begins]
They're back from sidebar.
Judge Kaplan: Ladies and gentlemen of the jury, I referred to an email, it may have been a tweet. You'll see it.
Habba: The White House statement was not President Trump's statement, right?
Carroll: It was not.
Habba: You are not suing about the White House statement, or the Cut --
Judge Kaplan: This is not clear.
Habba: I'm trying to clear it up.
Judge Kaplan: Let's clear it up - Ms. Carroll, in The Cut it said President Trump denied, you're not suing on that?
Carroll: I am not.
Judge Kaplan: You are suing about what Mr. Trump said, the second time on June 22, right?
Carroll: Yes.
Judge Kaplan: Now it's clear as a bell. Go on, Ms Habba.
Habba: Before the $7000 you were paid for the Cut article -
Judge Kaplan: Argumentative.
Habba: Did you get paid $7000?
Carroll: No, it went to my publisher.
Habba: Did you receive negative tweets before?
Carroll: I wasn't on Twitter in the afternoon.
Habba: You looked at the tweets in the evening?
Carroll: Yes, in the hotel room.
Habba: And did you look at the time they were sent? Please show the exhibit. What is this?
Carroll: It's a tweet.
Habba: Does it tag your account?
Carroll: Yes.
Habba: This tweet says, Nothing like making up fake news... And this one says, Drop this lie. Do they tag you?
Carroll: Yes.
Habba: And this, is this a reply to your tweet?
Carroll: Yes.
Habba: This person is called Power To the Polish [like, shoes]
Judge Kaplan: The person probably meant Polish [the country]
Habba (laughs) And does it tag your account?
Carroll: Yes.
Carroll's lawyer: We object, under your prior rulings.
Habba: This was before President Trump's statement
Judge Kaplan: It is stricken.
Habba: Ms. Carroll, what is this?
Carroll: A tweet. Yes it tags me.
Habba: It says Your book must need pumping. At 3:22 pm
Carroll: Yes, the tweet is from 3:22 pm.
Habba: And that's before President Trump's statement at 5:17 pm, right?
Carroll: It seems. This one is my post.
Habba: And this reply - I offer it as DX 69.
Carroll's lawyer: This is cumulative. We'll stipulate before 5:17
Habba: You posted, The most dangerous woman is the woman who has nothing to lose - and this reply calls you a lying sack of sh*t - that was before the President's statement was posted, right?
Carroll: Right.
Habba: They would not have been able to speak to you if you were not on Twitter at that time?
Carroll's lawyer: Objection
Judge Kaplan: Sustained. It is striken.
Habba: How about this one from "Rodeo Clown"?
Habba: Is Rodeo Clown replying to you?
Judge Kaplan: Do you have many more of these?
Habba: I have six more.
Judge Kaplan: I'll admit them if there is no objection. But you've taken enough time on this.
Habba: May I be heard?
Judge Kaplan: No.
Habba: This one says, You're a joke, no one would willing touch your ugly ass, this was before 5:17 pm?
Judge Kaplan: Everyone knows the time. What are the numbers?
Habba: DX 72, 73, 74, 75 through 78.
Carroll's lawyer: Can we have copies? I can't read fast enough
Habba: I can't ask abou them? With all due respect-
Judge Kaplan: With. All. Due. Respect - when I rule, you go on.
Habba: So do you-
Carroll's lawyer: Objection.
Judge Kaplan: Sustained. Stricken.
Habba: On what basis?
Judge Kaplan: Move on.
Habba: Wouldn't you agree that negative tweets are not necessarily tied to the President's statement?
Carroll: They follow Donald Trump. They want to emulate him.
Habba: I should you early tweets-
Carroll's lawyer: Objection
Habba: Why do you believe that? How can they emulate if they were before?
Carroll: They are standing up for the man they admire.
Judge Kaplan: Ms. Habba, move on
Habba: Did you authorize the excerpt?
Carroll: I agreed with the final edit and that it should go live
Habba: What is you Substack called?
Carroll: Ask E. Jean.
Habba: You make $70,000 on that?
Carroll: Now it's $100,000.
Habba: And there's royalties?
Carroll: Yes.
Habba: I hate to ask, but how old are you?
Carroll: I'm 80.
Habba: You make more now?
Carroll: Yes
Habba: Your Substack was popular as soon as you started it in 2021?
Carroll: It's a lot of work.
Habba: You make a lot--
Judge Kaplan: Ms. Habba, this is Evidence 101. Ms Carroll, when there is an objection you should sit quietly until I rule.
Judge Kaplan: Ms. Carroll what was your gross income in 2023?
Carroll: $70,000. But now more, I write more --
Habba: How many subscribers?
Judge Kaplan: That was definitely asked yesterday.
Habba: Number of subscribers?
Judge Kaplan: 1800. More on.
Habba: Do you have social security?
Carroll: Yes.
Habba: Do you have a pension?
Carroll: No. But I do have stocks.
Habba: How much?
Carroll's lawyer: Objection, Your Honor.
Judge Kaplan: Sustained.
Habba: Do you consider yourself a financially successful person?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained
Habba: Did you publish a text asking if a person would have sex with Donald Trump for $17,000-
Carroll's lawyer: Objection
Judge Kaplan: Sustained
Habba: You testified you were upset because certain tweets made you appear promiscuous, correct?
Carroll: Correct.
Habba: Did you post sexually explicit tweets?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: I would like to offer DX 80-
Carroll's lawyer: Objection, Your Honor.
Judge Kaplan: Sidebar
[Whispered sidebar ensues]
They're back.
Judge Kaplan: The objection is sustained. It's remote in time and of dubious value - and prejudicial.
Habba: How about DX 44? What is this?
Carroll: A tweet.
Habba: I move to admit
Carroll's lawyer: Objection
Judge Kaplan: Sustained
Habba: You wrote, How do you know if your sexual advance is unwanted until you actually advance it - is this still up?
Carroll: Yes.
Habba: This says, Show the man what you like or he will regret he even HAS a pen*s - isn't this like --
Objection. Sustained
Habba: What does this mean, What can be done about the pen*s?
Carroll: It's a philosophical question.
Habba: Discussing pen*ses?
Carroll: Yes, we discussed pen*ses.
Habba: DX 88.
Carroll's lawyer; Objection. This is 2010.
Judge Kaplan: Sustained
Habba: Did the verdict in the case last year provide you with greater status in New York?
Carroll: A feeling of triumph.
Habba: You did media?
Carroll: We had five TV appearances. I posted twice on my Substack about it. And on Twitter. And Instagram.
Habba: Did you speak with reporters?
Carroll: At my lawyer's office. With the NY Times, a group of NYT reporters.
Habba: And press since then?
Carroll: I live a quiet life.
Habba: And you've been on left leaning platforms?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: They are left leaning?
Judge Kaplan: Did you not hear me?
Habba: You went on TV?
Carroll: To say we'd won this milestone case.
Habba: What is this?
Judge Kaplan: You are trying to get her to read it to you.
Habba: Is this your number of Twitter followers?
Carroll: I worked for it.
Habba: It helps your stories go out?
Carroll: Yes.
Habba: After the last trial, celebrities reached out to you - like John Cusack?
Carroll: I don't know.
Habba: And Ms. Sorvino?
Carroll: Yes, thanks for reminding me.
Habba: And Jamie Lee Curtis, and Rob Reiner, and Bette Midler?
Carroll: Yes, it was great.
Habba: And you've been invited to parties?
Carroll: Two, at Molly Jong-Fast's place.
Habba: Who does she write for?
Carroll: These days, Vanity Fair.
Habba: What is your handle on Instagram?
Carroll: I only go on twice a month or so.
Habba: Do you feel you are more recognized today than you were in June of 2019?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: You have been provided the opportunity of hosting your own Substack-
Carroll's lawyer: Objection and as to the tone
Carroll: I am in this trial to bring my old reputation back.
Habba: So you are suing Donald Trump to get your old reputation back?
Carroll: Yes.
Habba: No further questions.
Judge Kaplan: We'll take our break.
Book:
Thread will continueamazon.com/dp/B0C4WZG4D3
They're back.
Judge Kaplan: Redirect.
Roberta Kaplan (RK): Very brief. Ms. Carroll, did Donald Trump have his office in the White House?
Habba: Objection!
Judge Kaplan: It's about where his office was.
Habba: I know what she'd trying to do
Judge Kaplan: Sidebar
They've back.
RK: Did any of the tweets before Donald Trump's statement call you a Democratic operative or say that you should be raped?
Carroll: No. Neither.
RK: Ms. Habba asked you about being on magazine covers. Did you reveal your account of what Mr. Trump did to be on covers?
Habba: Objection!
Judge Kaplan: Overruled
Carroll: No.
RK: Did you expect backlash?
Habba: Objection. Asked and answered.
Judge Kaplan: Overruled.
Carroll: Yes.
RK: Did what Donald Trump said make the backlash worse?
Carroll: Yes. It was worse.
RK: Plaintiff's 164.
Habba: Do you plan to play what he said?
RK: Yes. And I have a transcript. 164-T.
Habba: No objection your Honor.
Video played of Trump in front of flags on NewsMax saying "It's a rigged deal, I don't know her."
Habba: Play the whole clip
Habba: They cut the part about her.
Judge Kaplan: He said, whole thing is made up. That's not about her? We'll pass over this for now.
RK: No further questions.
Judge Kaplan: Re-cross?
Habba: I'll be brief. Was it your choice to do the article with the Cut?
Yes.
Habba: Did you delete those tweets?
Carroll: My heart was racing --
Habba: Please answer the question.
Carroll: I don't precisely remember deleting them.
Habba: Have you ever deleted threats?
Carroll: Yes.
Habba: On what platforms?
Carroll: Twitter... Facebook...
RK: Objection.
Judge Kaplan. Sustained.
Habba: Pull up DX 72 for the witness.
RK: We have objections.
Judge Kaplan: I haven't seen it. Put it on my screen. Is there a question?
Habba: Do you recognize this? Is it your Twitter handle?
Carroll: Yes.
Habba: I'd like to move DX 72 into evidence.
RK: Objection.
Judge Kaplan: Sustained.
Habba: How about DX 74 -
Judge Kaplan: If you're going to do this on each - are there objections?
RK: We asked to meet and confer.
Habba: That is a misrepresentation.
Judge Kaplan: You are asking to re-open the direct.
Habba: No, I will look it up--
Judge Kaplan: You do that.
Habba: I would like to go one by one, there are only six
Judge Kaplan: You will not go one by one.
Habba: I preserved
Judge Kaplan: You think you did
Habba: Did you speak, after yesterday, with any attorneys, like George Conway?
Carroll: No.
Habba: No more questions.
Judge Kaplan: Ms. Carroll, you are excused.
Story later. Book:
Thread will continueamazon.com/dp/B0C4WZG4D3
OK - we are belatedly back - E Jean Carroll's damages expert Prof Ashlee Humphreys of Northwestern is on the stand with a word cloud on the screen.
Trump's lawyer Madaio: Prof Humphreys, can I show you this as a demonstrative -
Judge Kaplan: Are you offering it?
Madaio: I don't think it's been provided -
Judge Kaplan: Excuse me. Any objection?
Carroll's lawyer: No.
Judge Kaplan: You may display it.
[Graph of Carroll search volume after The Cut, then Trump statements 1 and 2.]
Madaio: Some is due to her accusation?
Humphreys: This chart is by day, not hours.
Madaio: So you in first report you said--
Judge Kaplan: So you're now reading from the report you don't want to put in, is that what we're doing?
Carroll's lawyer: Objection.
Madaio: Can I refresh your recollection?
Madaio: This is the interview with CNN New Day - you see that?
Humphreys: I see that.
Madaio: Now Anderson Cooper 360 -
Carroll's lawyer: Objection.
Judge Kaplan: Let's send the jury out for a few minutes, the Professor too
Judge Kaplan: So -
Habba: Your Honor the witness is still here.
Judge Kaplan: She was at the door when you stood up. What's your point, counsel?
Madaio: The spike in interest.
Judge Kaplan: Is it in the supplement report?
Carroll's lawyer: No
Judge Kaplan: What I do know is you folks submitted papers that said the follow as I remember, I make an error in this because I'm only human - you asked for a supplemental report eliminating the impact from the AC360 program, agree so far?
Judge Kaplan: Then you got the supplemental report, eliminating AC360, and were told the witness would not offer any data on that, right?
Madaio: It was to remove President Trump's June 24 statement
Judge Kaplan: You claimed the data was still in
Madaio: Yes
Judge Kaplan: You're confused because there had been a renumbering in the supplemental report, right so far?
Madaio: Yes but--
Judge Kaplan: Work with me. I issued an order that there appeared to be confusion. Is that about right? So what are we talking about?
Madaio: We are trying it back to the chart, the spike on June 24. She claims it's due to the statement by President Trump but ignores Ms. Carroll's June 24 appearance.
Shawn Crowley: The expert said she was not attributing the Google traffic to that
Shawn Crowley: I don't want there to be a suggestion that the AC360 is in her report. But I want the rest excluded because it contains references to DNA and other topics that are out of bounds.
Madaio: I'd like to show Chart 11.
Crowley: That would be misleading
Judge Kaplan: I'll let you make the point you want to make, if you can make it. There's no reference to Anderson Cooper. Now we'll extend the break by 10 minutes so we get a break.
[Note: Humphreys points are in this:
Thread will continueamazon.com/dp/B0C4WZG4D3
From :
Judge Kaplan: Next witness.
It's Prof Ashlee Humphreys. Q: What was your Ph.D. in? Humphreys: Cultural sociology and marketing.
Q: Are you being paid for this? A: Yes. $500 for preparation, $850 for testimony. Q: Per hour? A: Yesamazon.com/dp/B0C4WZG4D3
Still from
Judge Kaplan: Bring in the jury.... Cross examination. Trump's lawyer: Professor Humphreys you were paid to study the impact of Mr. Trump's statements? Judge Kaplan: Can we avoid the obvious?amazon.com/dp/B0C4WZG4D3
Still from
Trump's lawyer: Is there harm from false accusations of rape? Carroll's lawyer: Objection! Judge Kaplan: Sustained. Trump's lawyer: What about Ms. Carroll's appearances on podcasts? Humphreys: No.amazon.com/dp/B0C4WZG4D3
Yes, still during the break from
Trump's lawyer: Those on Truth Social mostly support Mr. Trump? Humphreys: That's likely true. Q: You didn't consider positive statements about Ms. Carroll? A: I saw them, but they didn't require correctionamazon.com/dp/B0C4WZG4D3
Still from
Trump's lawyer: Did you consider Ms. Carroll's book and The Cut - Carroll's lawyer: Objection. Asked and answered. Judge Kaplan: Sustained. Trump's lawyer Brandt: No further questions
Soon, back to the present - thread belowamazon.com/dp/B0C4WZG4D3
They're back.
Crowley: Dr. Humphreys lives in Chicago and has kids - can we stay past 4:30 to finish the cross?
Judge Kaplan: What about the jury? I think we can do this a lot more efficiently...
Jury entering!
Madaio: Let me show you Figure 12.
[A comment on a news article saying "E Jean Carroll is a crazy person.]
Madaio: Is this attributable to President Trump?
Humphreys: These mirror his language.
Madaio: Your Honor I'd like to ask about the next ones.
Judge Kaplan: I don't think it's going to happen.
Madaio: In your opinion is it uncommon for Twitter users to make negative comments when discussing polarizing topics?
Humphreys: What do you mean by uncommon?
Judge Kaplan: We are now wasting time, big time. We all agree that Lincoln was the 16th. Let's move on.
Madaio: Did you see any positive messages about Ms. Carroll?
Humphreys: Yes. But I did not count them in my damages report.
Madaio: So did you consider if they offset--
Judge Kaplan: Let me see counsel at sidebar....
Then: Madaio: What about these positive comments from Alyssa Milano?
Crowley: These are after the verdict in the first case, and not part of this case
Judge Kaplan: Get onto something relevant
Madaio: Did you consider if Ms. Carroll makes more money now?
Judge Kaplan: No. You can argue that in closing. This is a cross examination.
Madaio: I'll move on your Honor.
Madaio: Your estimate has a $10 million spread.
Humphreys: I don't think one time would be enough.
Madaio: Have you ever executed a reputation repair program?
Humphreys: Never.
Madaio: You have no real world experience?
Judge Kaplan: There was birth, adolescence
Judge Kaplan: Those are real world experiences.
Madaio: You are familiar with a reputation repair firm?
Humphreys: With one? Yes.
Madaio: How much can it cost?
Humphreys: I am aware of one costing $50 million... A hedge fund manager...
Madaio: In your program, you talk about social media influencers improving her reputation- do you think it would have that effect?
Humphreys: As part of a wider campaign.
Madaio: You said they could praise her books- would that change people thinking she's a liar?
Humphreys: Yes, over time, it impacts the view of the audience.
Madaio: Do you think her media appearance have helped?
Crowley: Objection. Outside the scope of her
Habba: I can't hear
Crowley: Outside the scope of her report
Madaio: You really think you could hire Joe Rogan and Candice Owens to do this?
Crowley: Yes, I believe they do it.
Madaio: Is your damages model account for real world harm?
Crowley: Objection
Judge Kaplan: Sustained
Madaio: Let's look at page 30 of your supplemental report
Humphreys: Could I have a paper copy?
Madaio: Yes.
Crowley: I understand he is going to ask about a TV appearance that was removed from the report
Madaio: Let's go to your initial report, T-1, AC360?
Madaio: You have the rating estimated at 877,000 - but your damages report at page 29 says 9.4 million
Crowley: This is comparing ratings to impressions
Madaio: Is there a difference?
Humphreys: There were some labeling issues
Humpheys: The larger number was ABC News with David Muir. It's that the labels do not correspond.
Madaio: Why not?
Humphreys: The overall results are the same, T1 or T46.
Madaio: Let's go back to the initial report at 105, T3, Cuomo Primetime, it's 936,000
Crowley: Professor Humphreys has testified-
Habba: Is that an objection? She's just talking.
Judge Kaplan: Ms. Habba, sit down please. Mr. Madaio will defend himself.
Madaio: I would like through examples, I think it's very relevant
Kudge Kaplan: Keep on walking
Judge Kaplan: Is the bottom line here that the numbering changed when you eliminated certain items from the original report?
Humphreys: I'm looking at the same rating information
Madaio: Did you review the supplemental report?
Humphreys: I didn't check the labels
Judge Kaplan: It was a labeling error, she's said it again and again. If you want to take everyone's time with this, go ahead.
Madaio: T37, First Look, it's 385,000 - but in the supplemental report, T37 says 1.4 million.
Humphreys: But that's really T33.
Madaio: Strike as non responsive
Judge Kaplan: Overruled. Let's see if we can't short circuit this. Turn to page 105, TV impressions model - it lists each show included in your original analysis, correct?
Humphreys: Correct.
Madaio: Your Honor I would like to continue my line of questioning.
Judge Kaplan: I'm sure you would. And you'll get your chance. Professor Humphreys, the supplemental report does not list each show, right?
Humphreys: Correct.
Madaio: Did you check these?
A: No
Madaio: You have a Twitter account - it was public until recently, right?
Humphreys: Correct.
Madaio: Why did you take it private?
Humphreys: I had a few high profile trials.
Madaio: Because you knew you might receive nasty messages.
Madaio: E. Jean Carroll could have made her account private, right?
Carroll's lawyer: Objection!
Madaio: No further questions.
Judge Kaplan: Re-direct?
Crowley: About the labeling
Habba: Objection, your honor, you did this
Judge Kaplan: Not your witness
Habba: OK. Mike?
Madaio: Your Honor-
Carroll's lawyer: For the TV broadcasts, did the rating stay the same?
Humphreys: They stayed the same.
Crowley: Did you do the word cloud after the first case?
Humphreys: After he tried to get the DOJ in the case
Crowley: Is that why "Department of Justice" is in the word cloud?
Humphreys: I would think so.
Crowley: Do you teach reputation repair campaigns?
Humphreys: Yes. Many of my students work in P.R.
Crowley: Give me examples of campaigns.
Humphreys: Justin Bieber... Before that, Martha Stewart... Hugh Grant...
Crowley: What caused the harm to Ms. Carroll's reputation?
Humphreys: That she lied for the Democratic Party.
Crowley: Who said that?
Humphreys: Trump
Crowley: Nothing further.
Judge Kaplan: Mr. Madaio, anything further?
Madaio: When did you learn of the labeling error?
Humphreys: I was asked by email about it a couple of days ago.
Madaio: How do you know there are not more errors?
Humnhreys: I am confident
Madaio: How much did Martha Stewart pay for her campaign?
Humphreys: I don't know.
Madaio: And Taylor Swift?
Humphreys: I don't know.
Madaio: I have nothing further.
Judge Kaplen: Ladies and gentlemen of the jury, have a good weekend.
Jury exits...
Judge Kaplan left the bench - no question or work about Trump coming Monday---
story coming, and updates as needed
Book: amazon.com/dp/B0C4WZG4D3
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4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.
Judge Subramanian: Ms. Comey, can we make sure that things that have been emailed in are put in the docket?
[Better late than never: this is what Inner City Press requested in Week 1: storage.courtlistener.com/recap/gov.usco…
Judge Subramanian: I am adopting the Government's answer to the drug distribution question.
Combs' Driscoll: Can we just put something on the record, about sole possession? This definition of distribution would mislead the jury
Driscoll: But-
Judge: Hold on
OK - now in Drake v UMG [Kendrick Lamar] case, iral argument. Inner City Press has covered the case from the start and will live tweet, thread below innercitypress.com/sdny4vargasdra…
Judge Vargas: You seem to say a diss track could never be defamatory. But NY law says the form is not dispositive.
UMG lawyer: Look at the shock jock case(s)
Judge: Not the same thing. Perhaps the court needs more info [and cannot dismiss]
UMG lawyer: Drake opened the door, in the 3d person, si that when Kendrick Lamar says, Heard you like 'em you, there is no surprise
9:12 am - Judge Subramanian enters
Judge: In case there is anything, we'll bring the jury in for the charge.
Combs' Geragos: The laptop is ready, there're a few things we'll finalize during the charge.
Judge: Just email it to Chambers. (That is, not in the docket)
Judge: All rise!
[Jurors enter]
Judge: I'll read you the charge, it's long but I'll try to make it interesting. You have now heard all of the evidence in this case as well as the final arguments of the parties. I will instruct you on the law - as I give it to you
Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course