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E. Jean Carroll Case: Appeals Court Skeptical of Trump's Bid to Overturn Sexual Abuse Verdict
Friday's arguments focused on whether testimony from Jessica Leeds and the "Access Hollywood" tape should be admitted in the case. In a Manhattan courtroom on Friday, Donald Trump came within feet of E. Jean Carroll, one of his most prominent accusers, as they attended oral arguments for his appeal of the $5 million jury verdict from last year that found him liable for sexual abuse and defamation. A panel of three federal judges from the 2nd Circuit Court of Appeals showed skepticism toward Trump's effort to overturn the May 2023 verdict, reported Politico. The verdict had determined he sexually abused Carroll in Bergdorf Goodman's dressing room in the mid-1990s and later labeled her claim a "hoax." Trump did not look at Carroll in court, even as he walked directly in front of her upon entering the room. When Carroll's lawyer, Roberta Kaplan, stated that Trump had sexually assaulted Carroll, he barely shook his head in response. Also Read: Trump's Attorney General William Barr Accuses Biden-Harris Admin Of Politicizing Cannabis Legalization, 'Ignoring Legal Standards, Scientific Evidence' The arguments on Friday did not address Carroll's testimony directly but focused on the admissibility of testimony from another witness, Jessica Leeds, who alleged Trump groped her on a 1979 airplane, and the "Access Hollywood" tape from 2005, in which Trump bragged about grabbing women by their private parts. Trump's attorney, D. John Sauer, labeled the case as a "quintessential 'he said, she said' case" and accused Carroll of having a "political motive" to tarnish Trump's reputation. Sauer contended that Jessica Leeds' testimony about the alleged 1979 airplane incident should be excluded because there was no federal law against sexual assault on an airplane at that time. However, Kaplan argued that a law prohibiting "simple assault" was in effect then, stating, "It was a crime then to grope someone on a plane. It is a crime today to grope someone on a plane." Sauer also argued that the Access Hollywood tape should not be considered a "confession" as claimed by Carroll's lawyers because it does not refer to any specific incident. Judge Denny Chin responded that it was a "confession about a modus operandi," to which Sauer replied that "modus operandi itself is inadmissible." The panel deciding Trump's appeal is made up of three judges appointed by Democratic presidents: Chin and Judge Susan Carney by Barack Obama, and Judge Myrna Pérez by Joe Biden. During the arguments, which lasted just over 20 minutes, Trump remained expressionless. As he left the courtroom, he ignored a reporter's question about whether he was satisfied with the proceedings. Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors. Now Read: Robert Kennedy Jr. Says VP Harris Flip-Flopped On Cannabis And Can't 'Put Together An English Sentence' Market News and Data brought to you by Benzinga APIs
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3 takeaways from Trump's press conference where he says he never met E. Jean Carroll
Judges are deliberating on whether the jury that awarded E. Jean Carroll $5 million should have been allowed to hear other allegations. Earlier this week, at a Pennsylvania rally former President Donald Trump branded his verbose speaking style as "the weave." "You know what the weave is? I'll talk about like nine different things, and they all come back brilliantly together, and it's like, friends of mine that are, like, English professors, they say, 'It's the most brilliant thing I've ever seen.'" The weave was on full display Friday in a rambling, confrontational press conference where he railed against multiple women who have accused him of sexual assault, and his lawyers after appealing a jury's $5 million award to writer E. Jean Carroll for sexual abuse and defamation. Most media outlets cut quickly from the Republican presidential nominee's nearly hour long statement at Trump Tower, rather than showing the event in its entirety. Trump did not take questions from the press. With that, here are USA TODAY's take-aways from his comments just days before he is scheduled to debate Democratic presidential nominee Vice President Kamala Harris. Trump spoke Friday after three New York federal appeals judges heard his appeal of a 2023 civil jury verdict that he sexually abused advice columnist Carroll decades ago in a department store, and then defamed her in 2022 by calling her allegations a "con job." Jurors awarded Carroll $5 million for sexual abuse and defamation. A jury in a separate case awarded Carroll another $83.3 million in January for defamatory denials by Trump in 2019. Trump is also appealing that verdict. Perhaps the most startling part of Trump's remarks was that he voluntarily brought up past allegations of sexual misconduct, including one which was not allowed to be mentioned in the Carroll case, that had likely dropped from voters radar. Trump's lawyers had just argued in court that Carroll's 2023 rape trial was tainted by the presence of other allegations. Dozens of women have accused Trump of sexual misconduct dating back to the 1970s. He said of a woman who has accused him of sexual misconduct on a plane in the 1970s that "she would not have been the chosen one," and also commented on journalist Natasha Stoynoff, who testified that while she visited Mar-a-Lago to interview Trump and Melania for an article in 2005, Trump pushed her against a wall and forcibly kissed her before they were discovered by Trump's butler. Trump said she wouldn't have written a "beautiful" article if he had assaulted Stoynoff, whose name he could not recall. "Whatever her name was - I don't know the lady, so. Perhaps it's better that way, but I don't know the lady," he said. He reiterated of Carroll, "I never touched her. I would have had no interest in meeting her in any way, shape or form." The two court rulings against him stem from Trump claiming that Carroll made up that he attacked her in a department store dressing room in the 1990s. Carroll's attorney's have said that "all options are open" if he continues to make the claims. On Friday, he said again that Carroll was telling a "made up, fabricated story," causing her lawyers to reiterate their position in a statement. "Never met her, never touched her, never had anything to do with her," Trump said. Trump claimed in his press event that he had never met Carroll, adding that he didn't think a 1987 photo showing him talking with Carroll and her then-husband, John Johnson, counts. In his comments Friday, Trump stressed that Johnson is Black. In a deposition, Trump identified Carroll in the photo as his former wife Marla Maples. He was married at the time to Ivana Trump, who appears in the photo. Trump also falsely said Friday that the photo, which has circulated publicly since 2019, might have been created using artificial intelligence - though Trump has previously acknowledged that the photo is authentic., but said the interaction was insignificant. "I never met the woman, other than this picture - which could've been AI-generated, I don't know, showed up out of nowhere. But it's fine, nice picture," Trump said Friday. "I'm disappointed in my legal talent, I'll be honest with you," Trump said, because they had not brought up "such a famous dress" which he claimed would have exonerated him that was "Monica Lewinsky part two." In Feb. 2023, Judge Lewis A. Kaplan rejected a last minute offer by Trump's legal team to provide DNA to rebut Carroll's claims. Kaplan said at the time that the lawyers had years to make such an offer, but chose not to until weeks before the trail date in an effort to cause delay. Carroll's lawyers spent years seeking Trump's DNA to compare to stains found on the dress Carroll wore the day she says Trump attacked her.
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Former President Donald Trump faces an uphill battle in his attempt to overturn a $5 million verdict in the E. Jean Carroll sexual abuse case. An appeals court panel expressed skepticism towards Trump's arguments during a recent hearing.
Former President Donald Trump's legal team encountered significant challenges during a recent appeals court hearing, as they sought to overturn a $5 million verdict in the E. Jean Carroll sexual abuse case. The three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan appeared skeptical of Trump's arguments, suggesting a potentially difficult path forward for the former president 1.
Trump's lawyers presented several arguments in their attempt to reverse the jury's decision. They contended that the jury's verdict was inconsistent, as it found Trump liable for sexual abuse but not rape. Additionally, they argued that the awarded damages were excessive. However, the judges seemed unconvinced by these claims, with one judge noting that the jury's decision could be interpreted as finding Trump liable for a "lesser included offense" 1.
The appeals court also focused on Trump's public statements following the verdict. In a CNN town hall, Trump reiterated his denials and made disparaging comments about Carroll. The judges questioned whether these statements could be considered a continuation of the defamation, potentially exposing Trump to additional legal consequences 2.
This appeal is particularly significant as it could impact a separate defamation lawsuit brought by Carroll against Trump, seeking $10 million in damages. The outcome of this appeal may set a precedent for how Trump's public statements are interpreted in legal contexts, potentially affecting other ongoing and future legal challenges 2.
Roberta Kaplan, representing E. Jean Carroll, argued that Trump's post-verdict statements were not protected by presidential immunity and could be considered a continuation of the defamation. She emphasized that Trump's actions have caused ongoing harm to Carroll, justifying the damages awarded by the jury 1.
The case continues to draw attention not only for its legal implications but also for its potential impact on Trump's political future. As the former president seeks the Republican nomination for the 2024 presidential election, the ongoing legal battles, including this appeal, remain a significant factor in the political landscape 2.
The appeals court has not yet issued a ruling, and it remains unclear when a decision will be made. Regardless of the outcome, the case is likely to continue generating public interest and could have far-reaching consequences for both Trump's legal situation and his political aspirations 12.
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