In Carroll v
Trump After Jury
Picked Tacopina Says
No One Below Law amid
Rape Description
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
April 25 – In
case of E.
Jean Carroll v
Trump, on
September 27,
2022, a
three-judge
panel of the
Second Circuit
Court of
Appeals ruled
to reverse the
District
Court’s
holding that
the President
of the United
States is not
an employee of
the government
under the
Westfall
Act Full
decision(s) here.
On September 28,
2022 Trump's lawyer Alina
Habba wrote to Judge Kaplan
asking that he change the
caption of the case - and stay
it.
On February 7,
2023 Judge Kaplan held a
proceeding with Carroll's and
Trump's new lawyer. Inner City
Press live tweeted it here.
On April 11,
Trump's lawyer Joe Tacopina
filed a letter past 10 pm
asking Judge Kaplan to delay
the Carroll trial for 4 weeks
due to publicity, attaching
the transcript of Trump's
arraignment before Judge
Merchan. Letter on Patreon here.
On April l7,
Judge Kaplan denied the
request, starting: "Mr. Trump
seeks a month-long
postponement of the April 25,
2023 trial...The suggestion
that the recent media coverage
of the New York indictment –
coverage significantly (though
certainly not entirely)
invited or provoked by Mr.
Trump’s own actions – would
preclude selection of a fair
and impartial jury on April 25
is pure speculation." Full
order on Patreon here.
On April 25,
after a jury selection that
Inner City Press live tweeted
here,
opening arguments, thread here:
Judge Kaplan: Mr.
Trump has not been charged
criminally for the conduct Ms.
Carroll alleges. She
alleges battery - and we are
not talking about the little
bunny that powers your radio.
Battery is the unjustified
touching of another person
[etc]
Judge
Kaplan: As jurors, you cannot
Google. You cannot tweet. I've
talking to you about
Blackberries, you just can't
do that. If you become aware
that another juror has done
so, you have to let me know,
through Andy. Try not to form
any opinion until the end
Judge Kaplan:
We'll have opening statements
now. To me, opening
statements are like movie
trailers. Sometimes they are
an accurate advertisement,
sometimes not. Who's
opening for the plaintiffs?
Ms. Crowley. Crowley:
I'd like to take you back to
1996...
Crowley: Ms.
Carrolll was leaving Bergdorf
Goodman's. She ran into Trump,
who she knew. He asked her to
help him choose a gift,
lingerie. They were in the
dressing room. He pulled down
her tights and sexually
assaulted her
Crowley:
Ms. Carroll got away. She told
two friends. Later she swore
them to secrecy, after
threats. Eventually silence
became impossible. In 2017 she
began a book, it turned into a
memoir. She included a chapter
about Trump's assault
Crowley: Donald
Trump's response to the book
was explosive. From the White
House, he said, She's not my
type. We know what that means:
too ugly to assault. He
branded her a liar and a
fraud.
Crowley: I
am proud to represent Ms.
Carroll in this trial. This is
a roadmap. Donald Trump
assaulted her in 1996, then
defamed her. You'll hear about
it all. Donald Trump responded
with vicious lies meant to
destroy her. You'll hear from
others - her friends...
Crowley: You'll
hear from two Bergdorf Goodman
employees. And Ms. Carroll's
sister, and former boss at
Elle Magazine. Ms.
Carroll came from Indiana,
sold her first piece of
writing at 36 & moved to
New York. She wrote for SNL in
the mid 90s. She had "Ask E
Jean"
Crowley:
You'll hear Ms. Carroll
testify. She finished filming
her TV show in Fort Lee NJ
then went to Bergdorf. She
headed to the exit on 58th
Street - Donald Trump was
coming in. This was pre
Apprentice. Trump
recognized her, she was a well
known writer
Crowley: Trump
said, Hey! You're that advice
lady! Ms. Carroll said, "Hey!
You're that real estate
tycoon." She agreed to help
choose a present. He suggested
lingerie on the sixth floor.
It was empty. Trump picked up
a body suit and told Ms.
Carroll to try it on
Crowley:
You may ask, Why on earth
would Ms. Carroll let Donald
Trump lead her into a dressing
room? She blamed
herself. But at the
time, she thought the random
encounter was funny. She
didn't see him as a threat.
But she was wrong. Trump
banged the door closed
Crowley: He was a
big man, had easily 100 pounds
on her. He jammed his hands
up, into her. He forced his
p*nis inside her. It lasted a
few minutes, she fled. You're
going to hear from her. She
will describe it all. I expect
you will find it credible and
convincing
Crowley: The
question is whether Donald
Trump was lying in his October
2022 Truth Social post.
At the end of the trial we'll
speak to you again.
Judge Kaplan: We'll take a 10
minute break.
OK they're
back. Trump's lawyer Tacopina:
People have strong feelings
about Donald Trump, one way or
another. And it's OK to feel
how ever you feel. You can
hate Donald Trump, it's ok.
You express that at the ballot
box, not a court of law
Tacopina:
While no one is above the law,
no one is beneath the law.
Politicians don't make this
country great, jurors do. If
you follow the facts, justice
will be served. What is
paramount is the rule of
law. What E. Jean
Carroll is doing is an afront
to justice
Tacopina:
She is exploiting true rape
victims, for money. You cannot
let her profit for her abuse
of this process. This case
must be decided on the
evidence. Let's look at her
story: in some unknown season-
she's said 1995 or 1996, she
says she was violently raped
Tacopina: She
would have you believe Donald
Trump was going to try on
lingerie over his suit pants.
These other two never made a
claim. E Jean Carroll's story
is unbelievable. They use a
foolish statement 20 years
ago, locker room talk - it's
not an admission
Tocolina: They
put up tweets. A 25 year old
quote. Tweets from someone who
may or may not have been a
Trump supporter. They say the
Bergdorf witnesses will
confirm every detail of the
assault - mark those words.
What are they going to
confirm, a lingerie dep't?
Tacopina: Just
buckle in and listen to their
story. The opening statement
is supposed to be a promise -
not a politician's promise.
Let's talk about the lack of
details. E Jean Carroll can't
tell you the date, the month,
the season, not even the year
Tacopina:
She doesn't want to give
Donald Trump the opportunity
to provide an alibi. There's
no date. Instead she says she
was raped on some unknown day,
27 or 28 years ago. 8 or
9 year before that, they were
at a gala. Trump was with John
Johnson, Channel 11
Tacopina: E
Jean Carroll says they took
escalators up to the sixth
person, but she didn't see a
single other person. Not a
soul. It was like the Walking
Dead. She says Donald Trump
picked up a piece of lingerie.
The dressing room are usually
locked. Not now though
Tacopina:
She says Mr. Trump lunged at
her, that the noise was so
loud that anyone on the floor
would have heard it. How did
she react? She laughed, she
says. Her story continues:
Donald Trump violently raped
her up to 3 minutes. She, on
high heels, pushed him off
Tacopina: She
somehow held on to her purse.
She never screamed. She wrote
the escalator down, seeing no
one. She walked out of the
store. She can produce no
objective evidence. No record
of injuries. No doctor or
therapist. No video preserved
Tacopina: You've
heard what a fabulous writer
she was. But there's nothing
in her diary. No police
report. She was an advice
columnist who told her readers
to report men to the police.
She once called the police on
teenagers who vandalized her
mail box.
Tacopina:
We're going to learn she says
she kept the dress for 25
years. She says she only
realized she was raped until
her friend told her she was
raped. They were not, in fact,
best friends. She would not
have told either one of them.
Tacopina:
These are people who desire to
be in the spotlight. All three
loath Donald Trump
politically. They schemed to
turn Donald Trump politically.
Schemed. Martin emailed
Carroll, "This has to stop,"
referring to Donald Trump.
Carroll replies, Yes...
Tacopina: E Jean
Carroll came up with this to
sell a book, to hurt Trump
politically and inject herself
into the spotlight. Her life
has never been better. She
says she's been fabulous.
She's making money, appearing
on TV, after revelation of
this painful rape
Tacopina: She
went on CNN and talked to
Anderson Cooper about this
rape. You'll see her basking
in the spotlight. She became a
celebrity and loved every
minute of it. The story became
the center of her life and of
her lifestyle
Tacopina:
She called him a rapist. Of
course he exploded. Evidence
will how E Jean Carroll is in
fact lying. While at a party,
she met an attorney called
George Conway, a lawyer and
critic of Donald Trump who
spoke to her about suing-
Carroll's lawyer: Objection!
Judge Kaplan:
Sustained! Jury will
disregard.
Tacopina: You'll
hear that if Donald Trump is
faced with so many lawsuits,
he won't be able to run for
President. But the stories
don't match up. Him calling
her a liar is the truth. She
suffered no harm - the
contrary
Tacopina:
Our defense will come from
their witness. Their
witnesses. That's our entire
defense. And some sworn
testimony from Donald Trump
that you're going to see, in
his own oath video deposition
Tacopina: I
don't want to detract from the
focus on her story. He says
some snarly things. That's
understandable. You have to
decide if you believe the
story or not. At the end,
decide on the evidence, not
politics. If you do, she will
not be able to deceive you
Tacopina: She
gives a walking tour, most
hideous men in New York
talking tour, to sell her
book. She stops in front of
Trump Power. She smiles from
ear to ear. Thank you
for indulging.
Judge Kaplan: See
you tomorrow.
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