Thread by @innercitypress

OK- Carroll v. Trump 2d trial, after days' hiatus. Trump is here, Habba too. Inner City Press will live tweet as it did 1st trial (incl in this book ) thread belowamazon.com/dp/B0C4WZG4D3

All rise! Judge Kaplan: The jurors in seats 2 and 3 are going to be socially distanced.
Carroll's lawyer Roberta Kaplan: Can we put our witness on the stand?
Judge Kaplan: Yes.

Jury entering!
Judge Kaplan: Good morning, I hope everyone is feeling fit today. Call your next witness.
Carroll's lawyer: We call Roberta Myers [former editor of Elle]

Judge Kaplan: Record will reflect that Mr. Trump is in the courtroom.
[He sits down next to Alina Habba; blue tie today]
Carroll's lawyer: Have you testified before?
Myers: Yes, in the first Carroll v Trump trial.
CL: Then did you go on TV?
Myers: Yes, on MSNBC

Carroll's lawyer: Who did you vote for in 2016 & 2020?
Myers: Democrats.
Carroll's lawyer: Did Elle endorse political candidates?
Myers: No, that wasn't our role. We wrote profiles.
Carroll's lawyer: Were you friendly with Ms. Carroll?
Myers: Yes. But we were busy

Judge Kaplan: Cross?
Habba: I'll be brief. You don't plan to vote for Donald Trump in 2024, do you?
Myers: I don't think I have to say what I plan to do
Habba: Fair enough. Were you terminated by Elle?
Myers: They didn't renew my contract.
Habba: Do you know that?

Carroll's lawyer: Objection!
Judge Kaplan: Sustained. Let's focus on the facts.
Habba: You weren't at Elle when Ms. Carroll departed?
Myers: I was not.
Habba: So you have no knowledge from 2017 to 2019?
Myers: Nothing more than gossip.

Habba: What was the gossip?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
Habba: What kind of writer was Ms. Carroll?
Myers: Jounalistic.
Habba: What does that mean?

Myers: Accurate.
Habba: Ms. Carroll gave relationship advice, right?
Myers: And she wrote about the culture.
Habba: How would she respond to questions?
Myers: She would call a psychiatrist, or an MD, an expert

Habba: So that's being a fact checking journalist?
Carroll's lawyer: Objection.
Judge Kaplan: Sustained.
Habba: So what--
Judge Kaplan: I have ruled. Move on.
Habba: No more questions.
Judge Kaplan: The witness is excused.

Judge Kaplan: Any more plaintiff's witnesses?
Carroll's lawyer: No. Just a few exhibits. Let's play the video of exhibit 164.
Habba: No objection.
[Video of Trump: "This is a rigged deal, I had no idea who she was, nor could I care less."]

Judge Kaplan: When was that?
Habba: We met and conferred and objected.
Judge Kaplan: This just came in without objection.
Habba: Yes, but --
Judge Kaplan: Have a seat.

Carroll's lawyer: Next exhibit.
Trump's lawyer Madaio: We objected to this. If we can have a sidebar...
[Whispered sidebar ensues]

[They're back from sidebar & play video]
Video of Trump's April 2023 deposition against blue background, says My most valuable assets is the brand... I became President because of the brand. I think it's the hottest brand in the world. I did an NFT and it sold out

Jury seeing video of Trump: And the cards, their value is up, I'm happy, Trump people. I did it. It sold out immediately. Some of the cards are selling for $20,000. One, I think, for $82,100, I heard numbers like that. Somebody hit the jackpot

Jury seeing video of Trump saying, I believe the brand is worth more than the buildings. It's like Coke.
In video, NY AG lawyer: What's the price of Mar-a-Lago?
Trump: $1.5 billion.
NY AG lawyer: Here's your letter to Deutsche Bank
[Trump on video stares at it]

Jury seeing video:
NY AG: You showed it to Deutsche Bank commercial real estate?
Trump: No, another division of the same bank. They're very separate.

Carroll's lawyer: We offer PX 167 and 167-T. Please play it
[Jury sees video of another Trump deposition
Q: When did you move into Trump Tower:
Trump: A year after it was built.
Q: When were you married to your first wife Ivanka?
Trump: 1978 to the early 90s.

Jury sees deposition:
Q: When you were President, did you ever speak directly to reporters?
Trump: Yes. Too many to name.
Q: Did you read The Cut excerpt?
Trump: I don't believe I did.
Q: And What Do We Need Men For - have you read it?
Trump: Never seen it.

Jury sees deposition:
Q: Did you say this, There is zero evidence, it's fake news - no sales attendants around?? All should condemn false accusation. If info if Democrats are working with Ms. Carroll, let us know.
Did you say this?
Trump: Yes. I stand behind it

Jury sees depostion:
Q: And did you say, I'll say it with great respect, she's not my type.
Trump: Yes.
Q: And you said you never met her?
Trump: Yes. Later they showed me a photo from a receiving line at a charity. I shake a lot hands. Her husband, John Johnson

Jury sees deposition
Q: Who is this in the photo?
Trump: It's Marla.
Q: You're saying that's Marla? It's E. Jean Carroll.
Trump: It's John Johnson... It's very blurry.

Jury sees deposition:
Q: What did you mean, She's not my type - physically?
Trump: Yes. And now that I know more, not my type in any way.
Q: I take it the three women you married are your type?
Trump: Yes.

Jury sees deposition:
Q: What is Truth Social?
Trump: It's a a platform opened by me, an alternative to Twitter.
Q: You issued a statement on Truth Social?
Trump: Yes. She's sick. She made it up, contradicted by what she said on CNN

Jury sees deposition:
Trump: I'll be suing her when this case is over. And I'll be suing you too.
Q: Are you done? Did you write this all yourself?
Trump: Yes.
Q: You wrote, I have no idea who she is
Trump: I think she's a wack job.

Jury sees deposition:
Q: You said the word hoax 250 times in 2020?
Trump: Probably. There are a lot of hoaxes played on me. Russia Russia Russia. Ukraine. Mueller. Lying to the FISA court - hoax. Lying to Congress - hoax by the scum we have in this country

Jury sees deposition:
Trump: She's a liar and she's sick.
Q: In addition to Mueller, Russia Russia Russia - did you also call mail-in ballots a hoax?
Trump: Yes. They are very dishonest.
Q: But you vote by mail.
Trump: Yes. But after it in, I don't know what next

Carroll's lawyer: Your Honor, I belive we're done with our evidence - but give us the break first.
Judge Kaplan: OK, ten minutes.
Jury leaves.
Carroll's lawyer: They intend to call Mr. Trump, then Ms. Martin.

Judge Kaplan: Aren't there motions, after they close?
Habba: Yes.
Judge Kaplan: OK.
All rise! [Judge steps out - thread will continue below. For now, book (including Carol Martin in 1st trial amazon.com/dp/B0C4WZG4D3

They're back.
Judge Kaplan: Is the plaintiff going to rest?
Carroll's lawyer Roberta Kaplan: Yes.
Judge Kaplan: Is there a motion?
Habba: Yes, under Rule 50 a--
Judge Kaplan: Rule 58 doesn't have anything to do with this.

Habba: I said 50-A, your Honor. This backlash occurred before President Trump even had an opportunity to speak. A jury can't find that. The Cut caused the harm. As 2d Circuit recognized in Samuels v. Air Transport, we are entitled to judgment as a matter of law

Judge Kaplan: You're saying there're no causation?
Habba: Yes, but I'd like to finish and make a record.
Judge Kaplan: You've made a record. But if you're going to be brief...
Habba: She has made lewd posts about p*nises and people found those tweets & responded

Habba: She intentionally deleted evidence --
Judge Kaplan: When did that deletion occur?
Habba: The day The Cut came out.
Judge Kaplan: Wasn't there no anticipation of litigation until she spoke with George Conway?
Habba: She continued to delete

Judge Kaplan: Is there any subpoena in the record?
Habba: It's discovery rules. We can point to her testimony --
Judge Kaplan: You've already pointed to that. But where is there a subpoena in the record?
Habba: We can submit it
Judge Kaplan: Not later

Judge Kaplan: These are emails that included death threats?
Habba: She says so.
Judge Kaplan: You're saying she should be punished because she deleted tweets that would be helpful to her -
Habba: That's not what I'm saying

Judge Kaplan: You're repeating yourself.
Habba: Clearly I'm not being heard... Their expert wasn't even aware that President Trump's statement was five hours after The Cut came out. She said, "I am not aware." She did not consider the timing

Habba: She cannot establish causation. This should not go to the jury.
Carroll's lawyer Roberta Kaplan: I'm going to be brief. There is ample evidence of causation. Mr. Trump did speak before the tweet. There was a denial in The Cut

Carroll's lawyer: The tweets overlap with what Mr. Trump said on June 21 and June 22
Judge Kaplan: There could be multiple causation.
Carroll's lawyer: The response here was foreseeable based on what Mr. Trump himself said, "People should pay dearly"

Judge Kaplan: The motion is denied. Who is your first witness?
Habba: Carol Martin. But they have opened the door for me to ask my client what he meant in the deposition.
Judge Kaplan: I'll hear from the plaintiff
Carroll's lawyer: Your Honor ruled what he can say

Carroll's lawyer: Your Honor has ruled Mr. Trump cannot contradict the prior jury's finding. And we think it's appropriate for Ms. Habba to proffer what her client can testify.
Judge Kaplan: I'm planning on dealing with this. What about Carol Martin?

Carroll's lawyer: They want to put in new exhibits. DX 100, a text, 101, 23 and 97. We object.
Judge Kaplan: Who's going to address this for Mr. Trump?
Madaio: I will. 101 is already in evidence. The other is a text -
Judge Kaplan: I'm only ask for a number

Judge Kaplan: You have had these documents a long time, true?
Madaio: We intend to use it to impeach -
Judge Kaplan: To impeach your own witness?
Madaio: She's an adverse party

Habba: They have opened the door on the Reid Hoffman issue - they asked about George Soros and the DNC - the door is open --
Judge Kaplan: The door is closed. Let's bring in the jury.

Jury entering!
Deputy Andy: What is your name?
A: Francis Carol Martin.
Habba: How long have you known Ms. Carroll?
Martin: 30 years.
Habba: You have counsel?
Martin: I do.
Habba: Did we try to interview you?
Martin: You did.

Habba: I'd like her declared a hostile witness. Did you last meet with plaintiff's counsel in the last month?
Martin: Twice.
Habba: And did you speak with us?
Martin: No.
Habba: You're here under subpoena?
Martin: Yes.
Habba: You went to Ms. Kaplan's firm?
A: Yes

Habba: Did the show you documents?
Martin: No, I'd testified twice before.
Habba: Both times for Ms. Carroll?
Martin: Yes.
Habba: Do you use Twitter or social media?
Martin: No. I prefer to live a private life
Habba: Otherwise it'd be public?
Martin: It seems so

Habba: You reviewed Ms. Carroll's book?
Martin: A portion.
Habba: You reviewed the Cut?
Martin: Cut meaning what?
Habba: New York Magazine.
Martin: Yes.
Habba: Did you read the whole book?
Martin: Over time, I did.
Habba: When did you finish?
Martin: Hard to say

Habba: Were you concerned for safety?
Martin: On some levels. And for my daughter.
Habba: Did you tell Ms. Carroll?
Martin: Yes.
Habba: How?
Judge Kaplan: Is this a hypothetical question?
Habba: Text, or in person - that was my question
Judge Kaplan: No it wasn't

Habba: Did you put anything in an email about your safety?
Martin: Yes.
Habba: Did you feel better?
Martin: It ebbed and flowed. The climate in the country was changing rapidly.
Habba: After The Cut, were you concerned for your safety?
Martin: My daughter was

Habba: Ms. Carroll told you she has zero security concerns?
Martin: She did. I don't know if she said Zero.
Habba: What is this?
Martin: Texts from Ms. Carroll.
Habba: DX 101 to impeach.
Carroll's lawyer: Objection. There's nothing to impeach.

Habba: Your Honor, I have a right to ask her what it says.
Judge Kaplan: It's in evidence.
Habba: Ms. Carroll invited you to social event about her case, yes?
Martin: Yes.
Habba: Which events?
Martin: I don't know.
Habba: Was I arguing at them?
Martin: You? No

Martin: After the NYT podcast there was interest.. There was a Harvey Weinstein sidebar... Not just E. Jean, but others as well.
Habba: Did you think Ms. Carroll was enjoying the attention?
Martin: At points.
Habba: Ms. Martin, what does narcissism mean to you?

Martin: Seeing things through yourself-
Habba: You know you're under oath? You said, Ms. Carroll's narcissism has run amuck?
Martin: I texted that to a friend.
Habba: I understand it's hard to see this about a friend
Judge Kaplan: No speeches, Ms. Habba

Habba: Ms. Martin, you've said Ms. Carroll is a drug addict and the drug is herself, right?
Martin: I don't remember.
Habba: Do you see this document?
Martin: It was written to my daughter.

Judge Kaplan: Some to the sidebar and bring a copy of this in writing, please
[Whispered sidebar ensues]

They've back
Habba: Did you understand Ms. Carroll was hoping to lose this so she could go to the Supreme Court?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
Habba: We've going through this ad nauseum. Can you look at
Judge Kaplan: Ask a proper question

Habba: So she could sell more books?
Martin: She wanted to sell her book.
Habba: Do you believe that publicity has become part of her lifestyle?
Martin: It's an extension of the lifestyle she already had
Habba: Yes or no.
Martin: I'm hard pressed to say

Habba: Did she celebrate this case?
Martin: It was organized by journalists.
Habba: What journalists?
Martin: There were more than one.
Habba: Who do they write for?
Martin: From the NY Times?
Martin: I don't know.
Habba: Any from Fox News?
Martin: Not that I know

Habba: How many parties about these lawsuits against Mr. Trump?
Martin: Six I went to.
Habba: Which one with journalists?
Martin: I don't remember.
Habba: Did these journalists write articles about her case?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained

Habba: Were you frustrated by these parties about the lawsuit?
Martin: Somewhat. We are different.
Habba: What about the dinner - where there lawyers there?
Martin: Robbie was there.
Habba: And George Conway?
Martin: No.

Habba: You stated that Ms. Carroll was acting a little scary, didn't you?
Martin: Bad choice of words.
Habba: That's a yes?
Martin: Yes.
Habba: You said she was loving the adulation?
Martin: Yes.

Habba: Did you share with others private messages Ms. Carroll sent you? Like DX 100? I offer it
Carroll's lawyer: I object.
Habba: It's for impeachment.
Judge Kaplan: Let me have a legible copy.

Judge Kaplan: Objection sustained.
Habba: But you have shared Ms. Carroll's private messages?
Martin: I really don't remember.
Habba: Do you see that you sent this to--
Judge Kaplan: Sustained. You are reading a document not in evidence

Habba: Do you believe Ms. Carroll is enjoying this fame?
Martin: I think she is adapting. Enjoying is a multi-faceted word.
Habba: No further questions.

Judge Kaplan: Cross?
Carroll's lawyer: You know Ms. Carroll has been harmed because you're friends?
Madaio: Objection!
Judge Kaplan: She's Ms. Habba's witness.
Habba: Objection!
Judge Kaplan: Overruled.

Carroll's lawyer: Were you named in the book?
Martin: It was dedicated to me and Ms. Birnbach. In the book I was identified as a news reporter.
Carroll's lawyer: And did you--
Habba: Objection! We discussed all of this before. Happy to talk sidebar

They're back.
Carroll's lawyer: Ms. Martin, you were concerned about your safety?
Martin: Once I spoke with a NYT podcast.
Q: Were you concerned because you'd been involved in Ms. Carroll's lawsuit against Donald Trump?
Habba: Objection!
Judge Kaplan: Overruled

Martin: US climate felt dangerous to me.
Carroll's lawyer: What did you mean about lifestyle?
Martin: That the lawsuit had become a large part of her life
Carroll's lawyer: You were concerned it wouldn't work out for her?
Habba: Objection!
Judge Kaplan: Overruled

Carroll's lawyer: You discussed the passage of the NY law allowing her to sue Donald Trump for sexual assault?
Habba: Objection! I never asked about that.
Judge Kaplan: But you alluded to it. Overruled.
Carroll's lawyer: You didn't want here to file a 2d lawsuit?

Martin: He was saying he hadn't lost the 2020 election -
Habba: Objection
Judge Kaplan: Overruled.
Carroll's lawyer: Why were you concerned?
Martin: That the defamation would just continue and escalate.

Carroll's lawyer: What did you mean, Drug addict?
Martin: No idea. I use words too loosely sometimes.
Carroll's lawyer: Since Ms. Carroll had been a journalist her whole life, it is not surprising there were journalists at her parties?
Martin: Right

Carroll's lawyer: Do you think Ms. Carroll is a narcissist?
Martin: I have no idea.
Carroll's lawyer: Do you distrust her motives?
Martin: No.
Carroll's lawyer: What was her job when you get her?
Martin: A columnist. Then in 1994 we did TV shows for America Talks

Carroll's lawyer: Do you think Ms. Carroll wants to be known as the woman who lied about the president sexually assaulting her?
Habba: Objection!
Judge Kaplan: Overruled.
Martin: No.

Carrol's lawyer: No further questions.
Judge Kaplan: We'll take our break. Lawyers be back at ten of two. Jurors, you'll have a bit longer. I have some business to do with them.
[Note: in SBF trial, Judge Kaplan had SBF do a mock testimony without the jury]

Jury leaves.
Thread will continue - at 1:50 pm, if they keep to stated schedule.
Now off to check other cases.
Here, book
Thread will continue belowamazon.com/dp/B0C4WZG4D3

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

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.

Judge Kaplan: The jury found that Mr. Trump inserted his fingers into her v*gina. 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

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

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?

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

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

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.

Roberta Kaplan: He had an opportunity to participate in a trial--
Judge Kaplan: And he lost. I will so instruct the jury. More than once.
Trump says, "I wasn't at the trial, I never met this woman
Judge Kaplan: Mr. Trump, keep your voice down.

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

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

Habba: As long as we have the deposition in, I think I'll be fine.
Judge Kaplan: Well, I hope you will.
[Jury entering!]

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.

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

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]

Judge Kaplan: Counsel can pick up the draft jury charge at 2:30, we have to run the copier. Charge conference at 3:30 pm
[Inner City Press intends to live tweet that too - before that, to OneCoin Mark Scott sentencing
But Trump Carroll thread will continue below

And we're back!
Trump's lawyer: We seek to limit this instruction
Judge Kaplan: But you previously argued that under New York law Mr. Trump could have been found to have committed sexual assault if he touched her breast --
Trump's lawyer: That was previous counsel

Judge Kaplan: That's Mr. Trump's counsel, his argument. It was found in the previous case that there was digital penetration. Under penal law
[there's some laughter]
Judge Kaplan: How do you proposed we describe it? Digital penetration?

Trump's lawyer Madaio: There's no need for the jury to hear any of this.
Judge Kaplan: Mr. Madaio, I'm giving you one more chance.

Trump's lawyer Madaio: What the jury found was sexual abuse-
Judge Kaplan: You're just repeating yourself.
Madadio: You know our objections.
Judge Kaplan: I do. Objection overruled.

Judge Kaplan: The jury is clearly entitled to award punitive damage to deter the defendant from continuing to defame the plaintiff... Or anyone else for that matter.

Judge Kaplan: So I think we're done, counsel. I appreciate the cooperation on both sides.
[Judge Kaplan leaves]
Stories later - and closing arguments (and possibly verdict) tomorrow
For now, book: amazon.com/dp/B0C4WZG4D3