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E. Jean Carroll v. Donald J. Trump

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This is an old revision of this page, as edited by Subcelestial (talk | contribs) at 00:01, 10 May 2023 (remove saying jury did not find that he raped her -- this was not a criminal court, that was not considered). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

From left to right: Donald Trump, E. Jean Carroll, Carroll's then-husband, John Johnson, and Trump's then-wife, Ivana Trump, at a celebrity event in 1987

In mid-2019, author E. Jean Carroll accused then-U.S.-president Donald Trump of sexually assaulting her in 1995 or 1996. Trump denied the allegations. In November 2019, Carroll sued Trump in New York Supreme Court for defamation. In September 2020, U.S. Justice Department lawyers asserted that Trump had acted in his official capacity while responding to Carroll's accusation; in 2023, the D.C. Court of Appeals declined to rule whether this was so, remanding the case to U.S. District Court Judge Lewis Kaplan (who is also overseeing the trial for Carroll's second lawsuit against Trump).

In November 2022, Carroll filed a second suit against Trump, renewing her claim of defamation due to more recent statements by him and expanding her claim to battery under the Adult Survivors Act, a New York law allowing sexual-assault victims to file civil suits beyond expired statutes of limitations. On April 25, 2023, the trial for this suit began at the U.S. District Court for the Southern District of New York. Evidence presented included testimony from Carroll's friends Lisa Birnbach and Carol Martin (who both said Carroll told them about the alleged incident shortly afterwards), a photograph of Carroll with Trump in 1987,[a] testimony from Natasha Stoynoff and Jessica Leeds (who both had previously accused Trump of sexual assault), and footage from both the Trump Access Hollywood tape and his October 2022 deposition.[b]

On May 9, 2023, after deliberating for less than three hours, a jury of six men and three women in Manhattan federal court found Trump liable for sexually abusing Carroll and defaming her by calling her a liar, and rejecting his denial of the allegations.[6] The jury awarded Carroll about $5 million in compensatory and punitive damages.[7]

Background

See also: Donald Trump sexual misconduct allegations, E. Jean Carroll § Les Moonves, and Veracity of statements by Donald Trump
Carroll in 2006

On June 21, 2019, E. Jean Carroll published an article in New York magazine which stated that Donald Trump had sexually assaulted her in late 1995 or early 1996 in the Bergdorf Goodman department store in New York City. Contrary to Trump's later assertion that she was "then [an] almost 60 year old woman",[8] she is only three years older than Trump, being 51–53 at the time. Further details of the reputed incident were published in Carroll's 2019 book What Do We Need Men For?: A Modest Proposal.[9][10][11] Carroll said that on her way out of the store she ran into Trump and he asked for help buying a gift for a woman. After she suggested a handbag or a hat, the two reputedly moved on to the lingerie section and joked about the other trying some on. Carroll said they ended up a dressing room together, the door of which was shut, and Trump forcefully kissed her, pulled down her tights and raped her before she was able to escape. She stated that the alleged incident lasted less than three minutes,[2][12] during which time there was no sales attendant present in the department.[13] Lisa Birnbach and Carol Martin told New York magazine that Carroll had confided with them shortly after the alleged assault.[10][9][14]

The allegations occurred during the Trump administration. In an official government statement, Trump denied that he had ever met Carroll, accused her of trying to sell books, implied she had a political agenda, compared the accusation to one against Supreme Court Justice Brett Kavanaugh, and said Bergdorf Goodman had confirmed they had no surveillance footage of the alleged incident. Trump further called on the public to provide information indicating that Carroll was conspiring with the Democratic Party or New York magazine.[1][15]: 59, 88  Trump separately stated in an interview with The Hill that Carroll was "totally lying" and that "she's not my type."[2] Carroll provided New York with a photograph of her and her then-husband, John Johnson, socializing with Trump and his then-wife, Ivana Trump, in 1987.[10][16][17][3] Trump dismissed its significance, saying, "Standing with my coat on in a line — give me a break — with my back to the camera. I have no idea who she is."[2]

Carroll initially chose not to describe the alleged sexual assault as rape, instead describing it as a fight. "My word is fight. My word is not the victim word ... I fought."[18][19][20][c]

Lawsuits

President Trump in 2019

In November 2019, Carroll filed a defamation lawsuit with the New York Supreme Court. The suit states that Trump had damaged her reputation, substantially harmed her professionally, and caused emotional pain. After it was filed, White House press secretary Stephanie Grisham described the lawsuit as "frivolous" and claimed Carroll's story was fraudulent.[23]

In January 2020, Carroll's attorneys served a request for a DNA sample from Trump for "analysis and comparison against unidentified male DNA present" on a black dress she said she was wearing when the alleged assault occurred.[4] In December 2020, Carroll said she was willing to delay collecting the sample and testimony from Trump in exchange for earlier access to other relevant records.[24] The DNA sample request includes a DNA report on Carroll and five others who may have contacted the dress during a photo shoot.[25]

In September 2020, government lawyers from the Department of Justice (DOJ) asserted that Trump had acted in his official capacity while responding to Carroll's accusation; they said that the Federal Tort Claims Act[d] grants their department the right to take the case from Trump's private lawyers and move it to federal court. A White House official also argued that the act provides precedent for the government to exercise this right.[26] Carroll's lawyer, Roberta A. Kaplan, stated that "Trump's effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent."[26] In October 2020, U.S. District Court Judge Lewis Kaplan rejected the DOJ's motion, arguing that the president is not a government employee and that Trump's comments were not related to his job as such.[27] The following month, the DOJ filed an appeal with the Second Circuit Court of Appeals.[27]

In June 2021 (during the Biden administration), the DOJ argued to the Second Circuit Court of Appeals that DOJ lawyers should defend Trump as a federal employee, stating, "Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job."[28] On September 27, 2022, the appeals court ruled that "we cannot say what the District would do" in terms of allowing Trump to be shielded by his former office as U.S. president.[29] Trump's attorney Alina Habba praised the ruling as a reversal of the District Court's stance (that the comments were not executive business).[29] In March 2023, Judge Kaplan postponed the trial for the defamation claim while the appeals court continued to deliberate.[30] In April 2023, the D.C. Court of Appeals declined to rule whether or not Trump was speaking in his official capacity,[31] implying that it was the role of a factfinder to determine.[32]

In January 2023, the District of Columbia (D.C.) appeals court held oral arguments before a full panel of judges.[33] Trump's lawyers argued that his comments fell within the scope of his employment, while some judges pointed out that D.C. law holds employers responsible when their employees cause individuals harm in the scope of their employment but not otherwise.[34][35] Judge Catharine F. Easterly noted that employer liability cases usually have a trial record and jury verdict to refer to, while Judge John P. Howard questioned whether further fact-finding was warranted.[35] On April 21, the Second Circuit Appeals Court said it should not be responsible for deciding the question of whether Trump had acted within the scope of his role as president when he made public comments about Carroll, and it remanded the issue to the U.S. District Court for Judge Kaplan to decide.[36][37]

In March 2023, Judge Kaplan ruled that the famous Access Hollywood tape involving Trump and the testimonies of Jessica Leeds and Natasha Stoynoff (who both allege that Trump began groping them without permission) would be admissible at the trial for the original lawsuit.[38][e]

Deposition of and further comments by Trump (October 2022)

Trump mistook a photo of Carroll for his second wife, Marla Maples.[3]

On October 12, 2022, after Judge Kaplan denied Trump's request to delay his deposition as a witness in the case, the former president made a lengthy post on Truth Social. Trump said the case was "a complete con job" and complained that Carroll's only connection to him was that she had a photograph of them in a line at a celebrity event.[17][40][f]

Trump was deposed by Roberta Kaplan on October 19.[41] Trump said that he usually had security guards with him but was unable to name any working for him at that time.[15]: 73–76  He denied reaching out to Bergdorf Goodman ahead of his statements in 2019, arguing that "if it did happen, it would have been reported within minutes."[15]: 78  He accused Carroll and her lawyer of being "aligned with Hillary Clinton" based on "somebody [having] mentioned it", but admitted that he had no knowledge of Carroll's political party or documentation of her pursuing a political agenda;[42] he went on to repeatedly accuse Kaplan of being a political operative of Clinton or the Democratic Party.[43] When asked if anyone had given him information on Carroll conspiring with that party or New York magazine, Trump said, "I'll let you know."[15]: 202  He threatened to sue Carroll and Kaplan after the proceedings were complete.[44][45] He also accused Carroll of attempting to sabotage his 2024 presidential campaign by keeping him "busy with litigation."[42][15]: 130–131  Trump called the litigation a hoax along the lines of supposed ruses related to him and both Russia and Ukraine.[46]

Trump reiterated that Carroll is "not my type," and told her lawyer "You would not be a choice of mine either ... under any circumstances".[47] Trump was shown a photograph of Carroll socializing with him in 1987 and said he thought she was his ex-wife Marla Maples.[3] He claimed that the photo was "very blurry". He also confirmed that all of his wives were his "type".[48] Despite attacking Carroll for not remembering the exact year of the alleged incident, Trump failed to state the exact years of the beginning or end of any of his marriages when asked, and that he was unsure if he had any extramarital affairs during his first marriage (including with Maples, which was regularly featured in New York tabloids).[48]

Trump reiterated in his deposition that he did not know Carroll before she sued him, calling her a "nut job" and falsely asserting that in her interview with Anderson Cooper, she "actually indicated that she loved" the alleged assault and "said it was very sexy to be raped".[46][21][c] He said Carroll alleged he "swooned her" (implying sexual consent) and said he used the word swoon because he thought it would be more appropriate than the word fuck.[48] When asked if he had made the statements in the Access Hollywood tape (e.g. "when you're a star, [beautiful women] let you do it ... grab 'em by the pussy"), Trump responded, "Well, historically, that's true with stars," then agreed that he could be described as a "star".[49]

Expansion to battery claim (Carroll II; November 2022)

On November 24, 2022, Carroll sued Trump for battery under the Adult Survivors Act (a law passed the previous May which allows sexual-assault victims to file civil suits beyond expired statutes of limitations).[50][51] Carroll made a renewed claim of defamation, citing Trump's statements on Truth Social from October.[52][53] The second suit alleges that: Trump manhandled Carroll, "pulled down her tights", groped around her genitals and raped her;[54] this reputedly left Carroll unable to develop sexual relationships.[49] Carroll sought unspecified damages for the two charges and for Trump to retract his Truth Social statements about her.[54] Lawyers for Trump said in a December 19 court filing that they would request a dismissal of the lawsuit partially on the basis that the New York law is invalid due to its allegedly contradicting the state's constitution regarding due process.[55][44] Judge Kaplan set an April 25 trial date and denied the request to dismiss the lawsuit.[44][56]

As the case is the second to be called E. Jean Carroll vs. Donald J. Trump, it is distinguished by the name Carroll II.[57]

Proceedings for Carroll II (January–May 2023)

Pre-trial (January–April 2023)

File:Carroll dress.png
Carroll said she was wearing this dress during the assault. Unknown male DNA was detected on it, but after three years of unmet requests for a DNA sample from Trump, any mention of DNA evidence was ruled inadmissible at the trial for Carroll II.

On January 31, 2023, Joe Tacopina became Trump's lead lawyer in the case.[58] On February 10, Tacopina said Trump would be willing to provide a DNA sample, though the discovery period had ended after three years of Carroll's lawyers requesting such a sample.[4][5] Further, Tacopina stipulated that an appendix from Carroll's report (chiefly regarding her own DNA) must first be proffered and that Trump's DNA would be submitted only to be compared to the material on the dress.[59][25] Carroll's lawyer asserted that the motion was a "bad-faith effort to taint the potential jury pool".[25] On February 15, Judge Kaplan dismissed Trump's offer as an out-of-line delay tactic.[60] Further, the judge argued that the presence of Trump's DNA would not conclusively prove whether a rape occurred as no sperm cells were detected.[61] In late March, the judge prohibited any mention of DNA evidence at the trial.[5][g]

On February 16, 2023, Trump's lawyers requested that the allegations from Leeds and Stoynoff and the Access Hollywood tape be barred as evidence (the tape having been cited by Carroll's lawyer as evidence of a larger pattern of sexual misconduct).[64][65] Carroll's counsel argued that the accounts of the two women demonstrate a "consistent pattern".[66] On March 2, Trump's lawyers again asked for the tape's dismissal, arguing that it does not demonstrate a pattern of behavior consistent with Carroll's accusation.[67][68] In March, Kaplan ruled that the tape and testimony from the two women would be admissible at the trial for the second suit[e] along with testimony from two Bergdorf Goodman employees.[69] Trump's purported "rebuttal damage expert" was rejected because he did not qualify as an expert witness.[70] Kaplan also denied a joint request from both parties to consolidate the two lawsuits into one trial.[30]

On February 23, Trump's lawyers requested that the defamation claim in the second lawsuit be dismissed, arguing that his Truth Social post from October was merely a response regarding the first lawsuit which mostly repeated previous positions (despite making original incursions),[f] and was thus protected under supposed "absolute litigation privilege" provided by New York State Civil Rights Law § 74.[71][40][72] In late March, Judge Kaplan denied this request.[73]

On March 11, Judge Kaplan asked Trump and Carroll if they had any objection to the use of an anonymous jury.[74] On March 23, Kaplan ruled that the jury would be anonymous for the trial. He cited Trump's incendiary rhetoric against perceived enemies (including officials) ahead of his criminal indictment in New York related to hush money payments to Stormy Daniels.[75][69][76] On April 10, Kaplan ruled that the jury would be anonymous even to the lawyers involved in the case, citing threats by Trump supporters against Judge Juan Merchan, who was overseeing the New York criminal investigation of The Trump Organization.[76] On April 14, Kaplan upheld his ruling for an anonymous jury and denied a request from Trump's team for information about its members on the basis of possible bias after they cited negative online comments made about him on Carroll's June 2019 New York article.[77][78]

On April 10, Trump and Carroll were given ten days to declare whether they would attend the trial.[79] Defense attorney Tacopina speculated about "logistical and financial burdens upon New York City" associated with Trump's physical appearance. On April 20, the judge argued that Trump had had "ample time" to make arrangements for trial and said it would be no easier for the Secret Service to protect him at his newly announced April 27 campaign event in New Hampshire than at the simultaneous trial.[80][81]

On April 11, defense attorney Tacopina asked to delay the trial by a month, arguing that media coverage of the Daniels scandal would taint the jury pool. Carroll's lawyer argued that Trump "instigated (and sought to benefit from) ... much of the very coverage about which he now complains."[82] On April 17, Kaplan agreed with Carroll's lawyer and ruled against the delay request, arguing that there was no reason to assume jury selection would be easier to conduct in May.[83][84]

On April 13, Trump's attorneys asked to reopen discovery about whether Carroll knew that her lawyer's firm had received donations from Democrat-aligned billionaire and LinkedIn co-founder Reid Hoffman. Judge Kaplan allowed discovery for the "carefully circumscribed examination of that narrow question". Trump's attorneys requested an extra month to make this inquiry, but Kaplan refused to delay the trial.[85][86] On April 21, the judge sealed the information related to Hoffman's alleged contributions, as requested by Carroll's team.[87]

Trial (April–May 2023)

The trial began on April 25, 2023, in federal court at the U.S. District Court for the Southern District of New York.[54][88] That day, the judge selected a jury of six men and three women,[89] anonymous even to the judge, and it was arranged that the jury would be transported by U.S. Marshals from an underground garage throughout the trial.[90] In opening statements that day, the judge advised both counsels to tell their clients to avoid comments likely to "inspire violence".[88]

On April 26, Carroll testified; she said she was unaware if any employees were present during the alleged incident because the department was on a different story and she was focused on riding the escalator, while also supposing that the encounter would make a humorous anecdote. She said after entering the dressing room, Trump slammed her against the wall (hurting the back of her head) and digitally penetrated her before doing so with his penis (causing vaginal pain). She said she struggled against Trump, and upon leaving the store, hysterically talked to her friend Lisa Birnbach on the phone. Carroll said that the following evening she told her friend and co-worker Carol Martin, who reputedly confirmed Carroll's fear that if she publicly discussed the incident, Trump would retaliate via his legal team.[91] She further acknowledged her political distaste of Trump but said, "I'm settling a personal score because he called me a liar repeatedly and it really has decimated my reputation." She said she did not go public during Trump's 2016 campaign because "the more women who came forward to accuse him, the better he did in the polls."[91] Additionally, Carroll said she initially thought the incident happened in 1994 or 1995, until realizing Lisa Birnbach visited Mar-a-Lago to write a February 1996 New York story on Trump (after 5–6 months of communicating by phone), which Carroll said would not have occurred if her friend knew about the alleged attack.[92][93]

Also on April 26, Carroll's lawyers introduced a 2017 email exchange between her and Martin, indicating an intention to "scheme" by doing their "patriotic duty". Carroll stated that she was not scheming to "bring down Donald Trump", as Tacopina suggested the messages could imply.[94] A former Bergdorf Goodman manager testified that departments were often left unattended and dressing rooms left open (though the doors would have automatically locked if closed).[91] The judge ruled that evidence related to Reid Hoffman's funding of the trial was inadmissible, saying, "I've determined there is virtually nothing there in terms of credibility."[95] Trump commented about the suit on Truth Social, calling it a scam and mentioning the (inadmissible) DNA evidence. Judge Kaplan warned Tacopina that Trump should stop making such comments, as they constitute a potential liability to him.[96]

On April 27, Carroll was cross-examined by Tacopina, who asked why she did not scream during the alleged incident. She said she "was too much in panic to scream". She said she was surprised by the sudden turn to assault, which she alleged began with Trump pushing her against the wall and kissing her, and ended with no communication between them; she said she noticed no other customers as she left. She said she had experienced daily regret since first suing Trump due to feeling threatened, elaborating that she had received many negative comments echoing Trump's attacks. Additionally, she said she was unable to recall the specific meaning of her 2017 email response to Martin.[97] Carroll said she omitted the incident from her diary because she thought it would force her to think about the negative experience, and said she was inspired to come forward by the #MeToo movement, especially the Harvey Weinstein sexual abuse cases. She said that although she wanted her book to succeed, she was not struggling financially. Tacopina mentioned the dress Carroll allegedly wore during the incident, leading the judge to stop testimony for the day, though Tacopina claimed he had not planned to mention the barred DNA evidence.[98]

Carroll finished testifying on May 1, when Tacopina cited inconsistencies in Carroll's account, e.g. her stating that she had not used the Bergdorf fitting rooms in the years after the alleged assault before saying that she actually had used them since the incident. Tacopina played an audio clip of Carroll saying that she did not blame Trump for the cessation of her romantic life, but that she "just didn't have the luck to meet that person that would cause me to be desirous again" and that "maybe in that dressing room my desire for desire was killed." Carroll had said that she was a "big fan" of Trump's show The Apprentice due to its outstanding "witty competition". She also asked on social media "Would you have sex with Donald Trump for $17,000? Even if you could a) give the money to charity? b) close your eyes? And he's not allowed to speak." Additionally, Tacopina asked if Carroll had seen a 2012 episode of Law & Order: Special Victims Unit involving a rape in a Bergdorf fitting room, which Carroll said she had not seen and called an "astonishing" coincidence. Tacopina also referred to an incident in which Carroll called the police to report vandalism to a mailbox, prompting her to explain, "I don't want anybody to know that I suffer. Up until now, I would be ashamed to let people know what is actually going on."[99]

Also on May 1, Trump's team requested a mistrial, alleging that the judge was being unfair in Carroll's favor. During cross-examination, Tacopina had questioned a passage from Carroll's 2019 book suggesting that all men should be sent to Montana for "retraining", and the judge explained it was an allusion to Jonathan Swift's A Modest Proposal (the title of which Carroll took for her 2019 book's subtitle), which satirically suggests that poor Irish people might ease their economic troubles by selling their children as food to the rich. Tacopina complained that the judge, by providing this clarification, had "bolstered [Carroll's] testimony". Judge Kaplan denied the request for a mistrial without comment.[100][99][101]

On May 2, witnesses testified for Carroll. Lisa Birnbach said that in 1996, remembering having met with Trump that January for a story she was writing, said that Carroll called her, and short for breath, alleged that Trump had just assaulted her. Birnbach reputedly offered to transport Carroll to the police, but the latter refused and requested that their conversation remain secret. Birnbach said she did not talk about it again until 2019, once Carroll had decided to go public with her account.[93][102][103] Jessica Leeds, a retired stockbroker, testified that Trump had suddenly groped her in a similar manner to Carroll while Leeds was traveling on an airplane in the late 1970s.[102] Leeds said a flight attendant invited her to move to first class and sat her to Donald Trump, whom she did not know, and that he groped her breast and tried to kiss her, but that she broke away when he started reaching up her skirt. She recalled passengers sitting behind them, who did not intervene, and reasoned that the incident may have lasted less than a minute.[102][104] Leeds said she did not speak about the incident but that Trump later saw her and referred to her as "that cunt from the airplane".[103][105] Also on May 2, Tacopina confirmed that Trump would not testify at the trial.[106]

On May 3, video of Trump's deposition was shown to the jury. Trump stated that he rarely shopped at Bergdorf Goodman and reiterated that he did not read Carroll's written accusations in either her book or in her New York magazine article. A clinical psychologist testified that she evaluated Carroll and found that she had been harmed by the alleged rape but found no signs of mental disorder.[107] Journalist Natasha Stoynoff testified that while visiting Mar-a-Lago in December 2015, Trump brought her to look at a room while his wife, Melania, was changing outfits; he allegedly forced her against a wall and kissed her while she tried to push him off and told her they were going to have an affair, citing the famous "Best Sex I've Ever Had" quote attributed to his previous wife, Marla Maples. Stoynoff said she only told a limited number of people because she did not want it to affect her career. A clip was played to the jury of Trump denying Stoynoff's claim while running for president, in which he implies she is unattractive. Additionally, on May 3, Tacopina announced that Trump's team would not present a defense case. Tacopina said that, due to health concerns, they decided not to call an expert witness they had proposed.[107]

On May 4, news anchor Carol Martin testified and corroborated Carroll's account of their conversation following the alleged assault, thinking it occurred sometime between 1994 and 1996, and remembering Carroll saying she had also told Birnbach. Martin said she and Carroll did not "scheme" against Trump, though the former demonstrated hate for Trump in some of her text messages.[108] Clips of Trump's deposition were played.[48] Both the prosecution and defense rested their case on May 4. That day, Trump made a statement from Ireland indicating he might come to the trial. The judge allowed Trump to move to reopen the case, but Trump did not respond by the May 7 deadline.[109][110]

On May 8, closing arguments were made.[111] Carroll's lawyer Roberta Kaplan cited her client's attire during the alleged assault—a wool dress with tights—as indicating the weather at the time, which Carroll had narrowed down to after Birnbach's collaboration with Trump on a February 1996 article, further thinking it happened on a Thursday because the store was open late. Additionally, it reputedly happened while Carroll hosted a talk show on America's Talking (1994–1996), which Kaplan argued Trump likely saw in part because it was on immediately before an interview with him filmed in the same building for the same network.[112] Kaplan argued that Carroll "was trying to come to grips with the fact that she was being attacked", which she remembered in "great detail". Kaplan cited the moment in Trump's deposition when he mixed up Carroll with his wife, evidently debunking that she was not his "type"; further, Kaplan asserted that Trump followed an established pattern of behavior of his when caught in wrongdoing by making an excuse (that the photograph was reputedly blurry).[112] Another of Carroll's lawyers argued that Tacopina relied on rhetoric rather than evidence and cited Trump's failure to deny the charges in person, further ridiculing the idea that Carroll, Birnbach, and Martin secretly conspired to take down Trump based on the plot of an episode of Law & Order: SVU.[112] Tacopina focused on the gaps in the prosecution's case, particularly the unknown date of the incident, asserting that she "tailored her testimony" by saying she realized it was on a Thursday, and accused her of failing to bring the case to police because it "would never make it through a police investigation in a million years".[113] Tacopina repeated Trump's dismissal of the Access Hollywood tape as "locker room talk" and argued that it shows Trump bragging about "women letting you do something" rather than sexual assault. He argued that Leeds's story was false because other airline passengers would not have sat by and let it happen. He also asserted that the prosecution could have called Trump as a witness but "[i]nstead, what they want is for you to hate him enough to ignore the facts."[113]

On May 9, after deliberating for less than three hours, a jury of six men and three women in Manhattan federal court unanimously found Trump liable for sexually abusing Carroll and defaming her by calling her a liar, rejecting his denial of the allegations, though they also did not find Trump liable for rape.[114] The jury awarded Carroll about $5 million in compensatory and punitive damages.[115]

See also

References

Footnotes

  1. ^ In 2019, Trump dismissed the photograph's significance, stated that he had never met Carroll and that she was "not [his] type".[1][2] During his October 2022 deposition, when shown this photograph, he mistook Carroll for his ex-wife Marla Maples.[3]
  2. ^ Additionally, though discussion of it was ruled inadmissible in the trial for the second suit (following three years of fruitless requests for a DNA sample from Trump), potential evidence included genetic material, profiled as belonging to a male, on a dress Carroll said she was wearing during the incident.[4][5]
  3. ^ a b In her CNN interview with Anderson Cooper, Carroll explained that she felt that the word "rape" has "many sexual connotations", has been the subject of fantasies, and that she thought "most people think of rape as being sexy." She clarified that she felt that her experience "was not sexual. It just hurt."[21][22][18]
  4. ^ The Federal Tort Claims Act is a 1946 federal statute that permits private parties to sue the U.S. in federal court for most torts committed by persons acting on behalf of the U.S.
  5. ^ a b Although the defense pointed out that someone's propensity for an action is generally inadmissible, a federal rule allows that "In a civil case involving a claim for relief based on a party's alleged sexual assault ... the court may admit evidence that the party committed any other sexual assault".[39]
  6. ^ a b In his Truth Social post about Carroll from October 2022, Trump claimed that she implied he "swooned" her, called her story a "hoax and a lie" like "all the [others]" against him since 2015, stated that she "has no idea ... what decade" the alleged assault occurred, and said she changed her story during her CNN interview with Anderson Cooper to suit that outlet's tastes.[17][40]
  7. ^ The day of Trump's arraignment in the New York criminal case, Forbes speculated that if his DNA was collected (as is standard), it could potentially be accessed by Carroll's team even if inadmissible at the April 25 trial.[62] However, according to Tacopina, Trump's DNA was not collected then because "The FBI already has his DNA. He was the president".[63]

Citations

  1. ^ a b Trump, Donald J. (June 21, 2019). "Statement on the Assault Allegation by E. Jean Carroll". The American Presidency Project. Archived from the original on February 23, 2023. Retrieved February 23, 2023 – via University of California, Santa Barbara.
  2. ^ a b c d Fabian, Jordan; Enjeti, Saagar (June 24, 2019). "EXCLUSIVE: Trump vehemently denies E. Jean Carroll allegation, says 'she's not my type'". The Hill. Archived from the original on November 10, 2021. Retrieved October 20, 2022.
  3. ^ a b c d Snodgrass, Erin; Mitchell, Taiyler Simone; Teh, Cheryl (January 18, 2023). "Trump thought an old picture of E. Jean Carroll was his ex-wife Marla Maples, despite saying the columnist suing him for sexual assault and defamation was 'not his type'". Business Insider. Archived from the original on January 31, 2023. Retrieved January 19, 2023.
  4. ^ a b c Peltz, Jennifer (January 30, 2020). "AP Exclusive: Woman who says Trump raped her seeks his DNA". Associated Press. Archived from the original on April 17, 2021. Retrieved March 9, 2021.
  5. ^ a b c Collman, Ashley (March 27, 2023). "Trump rape case: After years of back and forth over Trump's DNA, jurors won't even hear about it". Business Insider. Archived from the original on March 28, 2023. Retrieved March 28, 2023.
  6. ^ Schonfeld, Zach (May 9, 2023). "Trump found liable for sexual battery, defamation in E. Jean Carroll trial". The Hill. Retrieved May 9, 2023.
  7. ^ Queen, Jack; Cohen, Luc; Cohen, Luc (May 9, 2023). "US jury finds Trump sexually abused writer E. Jean Carroll". Reuters. Archived from the original on May 9, 2023. Retrieved May 9, 2023.
  8. ^ Kilander, Gustaf; Hurley, Bevan (April 27, 2023). "Read Trump's astonishing rant on E Jean Carroll's rape claim". The Independent. Archived from the original on April 26, 2023. Retrieved April 27, 2023.
  9. ^ a b Haynes, Danielle (June 17, 2019). "Journalist E. Jean Carroll accuses Trump, Moonves of sexual assault". UPI.com. Archived from the original on October 15, 2021. Retrieved June 21, 2019.
  10. ^ a b c Carroll, E. Jean (June 21, 2019). "Donald Trump Assaulted Me, But He's Not Alone on My List of Hideous Men". The Cut. Archived from the original on November 8, 2021. Retrieved June 21, 2019. Donald Trump assaulted me in a Bergdorf Goodman dressing room 23 years ago. But he's not alone on the list of awful men in my life.
  11. ^ "Trump dismisses E. Jean Carroll rape allegation as 'fiction'". BBC News. June 22, 2019. Archived from the original on June 22, 2019. Retrieved June 22, 2019.
  12. ^ Crane-Newman, Molly (February 10, 2023). "E. Jean Carroll and Donald Trump may testify at upcoming NYC rape and sex assault trial". New York Daily News. Archived from the original on February 11, 2023. Retrieved February 11, 2023.
  13. ^ Stieb, Matt (March 9, 2023). "What Do A-Rod, Meek Mill, and Donald Trump Have in Common?". Intelligencer. Archived from the original on March 10, 2023. Retrieved March 10, 2023 – via New York magazine.
  14. ^ Mangan, Dan (June 21, 2019). "Donald Trump sexually assaulted E. Jean Carroll in the mid-1990s, writer says in new book". CNBC. Archived from the original on November 10, 2021. Retrieved June 21, 2019.
  15. ^ a b c d e Trump, Donald J. (October 19, 2022). "Videotaped Deposition (excerpts)" (PDF). Court Listener. Archived (PDF) from the original on February 25, 2023. Retrieved February 22, 2023 – via Free Law Project.
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