Trump glowers and gestures in court as sex abuse defamation trial opens
Jan 17, 2024, 5:12 AM
NEW YORK, NEW YORK - JANUARY 16: E. Jean Carroll leaves after the first day of her defamation trial against former President Donald Trump at New York Federal Court on January 16, 2024 in New York City. The trial is to determine how much money in damages the former president must pay Carroll that comes after public comments that he made both while he was president and after the jury鈥檚 verdict in May. Carroll was awarded $5 million in damages in May from the previous lawsuit. (Photo by Michael M. Santiago/Getty Images)
(Photo by Michael M. Santiago/Getty Images)
NEW YORK (AP) 鈥� Donald Trump shook his head in disgust Tuesday as the judge in his New York defamation trial told would-be jurors that an earlier jury had already decided the former president sexually abused columnist E. Jean Carroll in the 1990s.
Trump left court before opening statements, jetting to a New Hampshire political rally as Carroll鈥檚 lawyer accused聽聽of using 鈥渢he world鈥檚 biggest microphone鈥� to destroy her reputation and turn his supporters against her. Trump鈥檚 lawyer contended that Carroll has never been more famous and that she is blaming him for 鈥渁 few mean tweets from Twitter trolls.鈥�
Fresh from a political win Monday in the Iowa caucuses, Trump detoured to a Manhattan courtroom for the start of what amounts to the penalty phase of Carroll鈥檚 civil lawsuit alleging he attacked her at a department store in 1996. Trump departed Tuesday after the nine-member jury was selected.
He glared and scowled at times as the jury was being picked, slyly raising his hand at one point when Judge Lewis A. Kaplan asked if anyone felt Trump had been treated unfairly by the court system. The gesture drew laughs from some people in the courtroom and a retort from the judge, who said, 鈥淲e know where you stand.鈥漈rump, the former president, and Carroll, the former longtime Elle Magazine columnist, sat at separate tables about a dozen feet (3.7 meters) apart, flanked by their respective legal teams. They didn鈥檛 appear to speak or make eye contact.
After Trump left, Carroll鈥檚 lawyer Shawn Crowley implored jurors to make him pay 鈥� potentially millions of dollars 鈥� for comments he made while president in response to her claims in a 2019 memoir that he sexually abused her years earlier at Manhattan鈥檚 Bergdorf Goodman store.
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Trump 鈥渦sed the world鈥檚 biggest microphone to attack Ms. Carroll,鈥� Crowley said in her opening statement. His comments, including claims that Carroll was lying to sell books, humiliated the writer and tore 鈥渉er reputation to shreds,鈥� the lawyer said.
鈥淗e said this from the White House, a place where presidents have signed laws, declared wars and decided the fate of the nation,鈥� Crowley told jurors.
While the trial concerns what Trump must pay for his comments in the immediate aftermath of Carroll鈥檚 revelations, Crowley noted that his rhetoric about the writer hasn鈥檛 stopped. Trump maintains he never abused Carroll and says her allegations are a partisan smear.
From court Tuesday, Trump fired off a series of social media posts about the case. He wrote on his Truth Social platform that Carroll鈥檚 rape allegation was an 鈥渁ttempted EXTORTION鈥� involving 鈥渇abricated lies and political shenanigans,鈥� and he accused the judge of having 鈥渁bsolute hatred鈥� for him.
Crowley told jurors their job was to answer the question about Trump: 鈥淗ow much money will it take to make him to stop?鈥�
However, Trump attorney Alina Habba said he was 鈥渕erely defending himself鈥� and said evidence will show that Carroll鈥檚 career has prospered since accusing him. Carroll has been 鈥渢hrust back into the limelight like she always has wanted,鈥� Habba said in her opening argument.
Responding to Crowley鈥檚 assertion that Trump backers have sent Carroll violent threats, Habba said she sympathized with victims of sexual abuse but any backlash Carroll suffered was 鈥渟imply a byproduct of the digital age.鈥�
鈥淩egardless of a few mean tweets, Ms. Carroll is now more famous than she has ever been in her life, and loved and respected by many, which was her goal,鈥� Habba told jurors.
Testimony will begin Wednesday, when Carroll is expected to take the witness stand.
Trump did not attend the previous trial in the case last May, when a jury found he had sexually abused and defamed Carroll and聽聽in damages. The jury said Carroll hadn鈥檛 proven that Trump raped her. In light of that verdict, Kaplan said the trial beginning Tuesday would focus only on how much money, if any, Trump must pay Carroll for comments he made about her while president in 2019.
As the day began, Kaplan rejected the defense鈥檚 request to suspend the trial on Thursday so Trump could attend his mother-in-law鈥檚 funeral 鈥� part of a combative exchange in which Trump鈥檚 lawyers accused the judge of thwarting their defense with pretrial evidence rulings favorable to Carroll.
鈥淚 am not stopping him from being there,鈥� the judge said, referring to the funeral.
Habba responded, 鈥淣o, you鈥檙e stopping him from being here.鈥�
Habba told the judge that Trump plans to testify. Kaplan said the only accommodation he would make is that Trump can testify on Monday, even if the trial is otherwise finished by Thursday. The judge previously聽聽to delay the trial a week.
Trump watched attentively as several dozen prospective jurors filed into the courtroom and spent more than an hour responding to questions posed by the judge covering everything from their prior involvement with the judicial system to their political beliefs.
He twisted around in his chair and nodded at two prospective jurors 鈥� a man and woman 鈥� who stood when asked if they agreed with his false belief that the 2020 election was rigged, and again when three people in the pool indicated they felt the former president was being treated unfairly by the court system.
The process offered a window into the political beliefs of a microcosm of New Yorkers, drawn from a pool that includes Manhattan and northern suburban counties. One woman said she had done publicity for his daughter鈥檚 company. Another said her father provided moving services for some of Trump鈥檚 buildings. Neither made the cut.
Jurors selected for the trial will remain anonymous, even to the parties, lawyers and judicial staff, and will be driven to and from the courthouse from an undisclosed location for their safety, Kaplan said.
Trump has increasingly made his courtroom travails 鈥� including聽聽鈥� part of his run to retake the White House, positioning himself as a victim of partisan lawyers, judges and prosecutors and capitalizing on news coverage that accompanies his court visits. Last week, he attended closing arguments in the New York attorney general鈥檚 fraud lawsuit against him 鈥� and ended up giving a six-minute diatribe after his lawyers spoke.
鈥淚 guess you鈥檇 consider it part of the campaign,鈥� Trump told reporters last week.
Carroll plans to testify about damage to her career and reputation she says resulted from Trump鈥檚 public statements. She seeks $10 million in compensatory damages and millions more in punitive damages.
If Trump testifies, he will be under strict limits on what he can say. Because of the prior verdict, Kaplan has said, Trump cannot get on the witness stand and argue that he didn鈥檛 sexually abuse or defame Carroll.
Trump is appealing and hasn鈥檛 paid any of that previous award, though he placed $5.55 million in escrow to cover the verdict and other costs in the event he loses his appeal. One issue that wasn鈥檛 decided in the first trial was how much Trump owed for comments he made about Carroll while president. That will be the new jury鈥檚 only job.
