Closing arguments in Carrol case

Lavender Room
1

Jeez, these are real clowns.

(stolen from Inner City Press’s X feed)

Judge Kaplan: I notice the defense is not yet in the courtroom…
Judge Kaplan: Now Mr. Madaio is in the courtroom.

Judge Kaplan: Ms. Habba, it is now twenty minutes to ten.
Habba: I’m sorry, I can’t hear you.

Judge Kaplan: Does your client intend on being present?
Habba: He’s here.
Judge Kaplan: He’s not in the courtroom.
Habba: I can grab him…

Judge Kaplan: So let me say, during the arguments and instructions, no one else is to speak…

Carroll’s lawyer: We have an issue with some of the tweets, they were not entered into evidence.
Madaio: These are tweets during the five hour gap. They are objecting.
Judge Kaplan: You did not succeed in entering them. Show me the slide

Judge Kaplan: You are not showing the slide.
Habba: Your Honor, Ms. Kaplan stipulated -
Judge Kaplan: Sit down. You are on the verge of spending some time in the lock up.
(Habba appears to laugh)
Judge Kaplan: Bring in the jury

Roberta Kaplan: Donald Trump’s testimony yesterday was brief because he doesn’t get a do-over
Trump’s lawyer Madaio: Objection!
Judge Kaplan: Overruled.
Roberta Kaplan: This is about how to compensate Ms. Carroll for the two statements- & punishing Donald Trump

(wasn’t there something about “no one else is to speak”?)

…

Roberta Kaplan: Donald Trump has tried to normalize this conduct. Normally, when people lose in court, they change their behavior.

Judge Kaplan: The record will reflect that Mr. Trump just rose and left the courtroom

Roberta Kaplan: Mr. Carroll’s old friend Carol Martin said she just wanted her day in court. Now she has it.
Judge Kaplan: We’re going to change gears. The defense is to remain seated. That includes you, Mr. Epshteyn, not that you’re part of the defense

(comment from some Xer: “Is it still a circus if the clown leaves early?”)

Roberta Kaplan: Prof Humphreys estimates between 7 and 12 million dollars to repair reputation - smaller than other programs, as she explained.
Madaio: Objection. It’s not in the record.
Roberta Kaplan: It is.
Judge Kaplan: The defense asked about other programs

2

How dare he speak truth to Orange babyhands like that?

3

Bonus points for objecting that something is not in the record when your own questioning put it in the record.

4

I have no clue the amount of punitive damages that would be required for trump to actually stop.

5

Bonus points for objecting that something is not in the record when your own questioning put it in the record.

…again
.

6

Roberta Kaplan: He said Mar-a-Lago is worth $1.5 billion
Madaio: Objection. These are not personal assets. J
udge Kaplan: Overruled. The jury will remember what was said.

What the F. How does this go along with the personal guarantees trump made in his civil fraud case. his lawyer just said that Maralogo is not personally owned by trump.

7

Roberta Kaplan: He said Mar-a-Lago is worth $1.5 billion
Madaio: Objection. These are not personal assets. J
udge Kaplan: Overruled. The jury will remember what was said.

What the F. How does this go along with the personal guarantees trump made in his civil fraud case. his lawyer just said that Maralogo is not personally owned by trump.

If it’s convenient for Trump to own it then he owns it, if it’s inconvenient then he doesn’t. Pretty straightforward.

8

I have no clue the amount of punitive damages that would be required for trump to actually stop.

Isn’t the plan for Carroll to ask for around 10 million? That is couch money if we indeed believe Trump is a billionaire. Why even take the time to fight this other than it looks good for him politically to his base to show he is fighting the system.

Add to the fact, he will tie it up in appeals for years so this lady may never get a penny.

He won’t stop. He will go out after the verdict in this case, whatever it is and probably say worse things than what he is on trial for right here.

9

Its around 10 million in actual damages.

Similar to Rudy, punitive damages are likely going to be in the 9 figures. As you many know, punitive damages are given to punish the defendant. In this case, the punishment will be because he will not stop.

10

I have no clue the amount of punitive damages that would be required for trump to actually stop.

Isn’t the plan for Carroll to ask for around 10 million? That is couch money if we indeed believe Trump is a billionaire .

We don’t.

11

I have no clue the amount of punitive damages that would be required for trump to actually stop.

Isn’t the plan for Carroll to ask for around 10 million? That is couch money if we indeed believe Trump is a billionaire .

We don’t.

Also being a billionaire mostly tied up in real estate assets secured by loans can mean that $10M in cash is not pocket change.

12

wow team trump is still debating if Carroll was sexually assaulted after Trump was found liable by a Jury for sexually assualting her.

Trump’s lawyer Alina Habba appears again to deny Carroll’s claims, prompting an objection.
Judge Kaplan reminds the jury that it’s been established that Carroll wasn’t lying.
Habba: “It is established by a jury.”
Judge snaps to Habba: “It is established and you will not quarrel with me. You will finish your statement.”

13

I have no clue the amount of punitive damages that would be required for trump to actually stop.

Isn’t the plan for Carroll to ask for around 10 million? That is couch money if we indeed believe Trump is a billionaire .

We don’t.

Trump will try to pay this from campaign donations. And his fans will be fine with that.

14

Habba: I’m sorry, I can’t hear you.

https://media2.giphy.com/media/QvelvKCtg8DiUKwtaY/giphy.gif?cid=ecf05e47p2smci8gzlfnwrq3lagesl5re3yamvcl8ognsdlt&ep=v1_gifs_related&rid=giphy.gif&ct=g

15

The thing though about this money is we can assume that Trump thinks that it is his. he will not like to see “his money” taken away from him.

I dont think the campaign has more than 50mil on hand.

16

Its around 10 million in actual damages.

Similar to Rudy, punitive damages are likely going to be in the 9 figures. As you many know, punitive damages are given to punish the defendant. In this case, the punishment will be because he will not stop.

Big Punitive awards are hard to hold onto on appeal and some states even have caps on them. I doubt the Judge would remit the damages no matter what they are, but it would be several years before Trump would ever pay any of this I would think. By then he may in office and try some newfangled technique to pardon himself of civil damages.

I don’t know how the guy keeps all his legal stuff straight, gets where he needs to be each day and finds time to eat or sleep. Not to mention the ball of stress he must be at all times. No way to live.

17

Trump’s lawyer Alina Habba: “Ladies and gentlemen, in our country, you have a constitutional right to speak.”
Objection
Kaplan (the judge): “Sustained. You have a constitutional right to do some kinds of speech and not others.”

In NY there is no cap on punitive damages.

18

Trump’s lawyer Alina Habba: “Ladies and gentlemen, in our country, you have a constitutional right to speak.” Objection Kaplan (the judge): “Sustained. You have a constitutional right to do some kinds of speech and not others.”

Trumps clearly a buffoon but with my limited knowledge of this case it appears it centers around a statement she made in public where she said Trump raped her years ago. He came out and said no I didn’t. She then sued him for denying it and a jury found him liable for assault but there was no finding anywhere that he raped her?

Are those facts right?

Under those facts, I would be pretty pissed if I could not claim I didn’t rape her publicy when it had never been found I did. That is simply telling the truth.

What am I missing?

19

Trump’s lawyer Alina Habba: “Ladies and gentlemen, in our country, you have a constitutional right to speak.”
Objection
Kaplan (the judge): “Sustained. You have a constitutional right to do some kinds of speech and not others.”

She really is the worst lawyer ever. If it weren’t for her looks trump would have never hired her and none of us would ever have heard of her. She is no far out of her depth it is amazing.

20

I think she is suing for the lying about the sexual assault, not just the rape. It was based on Trump saying “she isnt my type. I dont know the woman”/etc.

he has been found liable for sexual assault - where it has been found by a jury that he did.

So trump was not “just telling the truth” he in fact - as determined by a jury - lied.

The only thing to really discuss in this case are damages - how much she was hurt by the defamation AND the punitive damages. Thats why this case only lasted a couple of days.

Trump’s upcoming trial will not relitigate Carroll’s claim of sexual assault. On 9 January, Judge Lewis Kaplan ruled that Trump cannot deny the sexual assault, pointing to a jury’s previous finding.
“Consequently, the fact that Mr Trump sexually abused – indeed, raped – Ms Carroll has been conclusively established and is binding in this case,” Kaplan also said.