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NEW YORK (AP) — The federal judge who presided over the jury trial that resulted in an $83 million award to writer E. Jean Carroll for her defamation claims against former President Donald Trump said Wednesday that his rejection of his lawyer's unusual midtrial mistrial request was not a close call. Habba said a mistrial was in order because Carroll, 80, was confessing that she destroyed evidence that should have been preserved for trial. Out of the presence of the jury one day, the judge even threatened to jail her if she didn't stop talking. The $83.3 million award by the jury two weeks ago came over statements Trump made while he was president. The jury rejected Carroll's rape claim, though the judge later said what the jury found would be considered rape in other jurisdictions.
Persons: E, Jean Carroll, Donald Trump, Judge Lewis A, Kaplan, Alina Habba's, Carroll, Habba, ” Kaplan, Trump, didn't, ” Habba Organizations: Trump Locations: Manhattan
Read previewDonald Trump appears to be treating his planned appeal in the second E. Jean Carroll defamation case like his former reality TV show, "The Apprentice." Tacopina withdrew from Trump's legal team shortly before the second trial began. That left Habba in charge of defending Trump for his second trial, which resulted in a considerably higher jury verdict. Trump, Rahmani said, "probably realizes that he lost the second Carroll trial so badly in part due to Alina Habba's limited trial experience and that he needs experienced appellate counsel." The judge, conscious of Trump's intent to appeal the second trial results, told as much to Trump in the courtroom before he testified.
Persons: , Donald Trump, Jean Carroll, Carroll, defaming, Trump, Lewis Kaplan, Alina Habba, Michael Madaio, Joe Tacopina, Habba, Tacopina, Kaplan, — Habba, Matthew Cronin, Mark Bederow, Madaio, Judge Kaplan, Mary Altaffer Habba, Joshua Matz, Kaplan Hecker, Fink, Kaplan's, Neama, Rahmani, Alina Habba's, Bederow Organizations: Service, Business, Hunts, Manhattan, American System of Justice, Trump, Associates, Trump —, Habba, AP, Kaplan, Fink LLP Locations: Carroll's, Manhattan, New York, Washington
E. Jean Carroll's lawyer said Donald Trump attorney Alina Habba acted more professional when Trump wasn't around. Habba "was much more disciplined" and "acted more like a lawyer," Carroll lawyer Shawn Crowley said. Habba's courtroom antics made headlines during the Carroll defamation trial against Trump. AdvertisementDonald Trump's attorney Alina Habba — whose courtroom antics in the second E. Jean Carroll defamation trial made headlines — "acted more like a lawyer" when the former president wasn't around and buzzing in her ear, Carroll's attorney said. In the same interview, Carroll's attorney Roberta Kaplan said Habba regularly "yelled" at US District Judge Lewis Kaplan during the trial.
Persons: Jean Carroll's, Donald Trump, Alina Habba, Carroll, Shawn Crowley, , Donald Trump's, Alina Habba —, Jean Carroll, wasn't, Rachel Maddow, Crowley, Trump, defaming, Roberta Kaplan, Habba, Lewis Kaplan Organizations: Trump, Service, US, Business, MSNBC Locations: Manhattan, New York City
"During that relatively brief period more than thirty years ago, I do remember the Paul, Weiss partners with whom I worked and none of them are Your Honor." Advertisement"The underlying defamation case tried last year, and the damages trial completed last week, were both litigations in which there were many clashes between Your Honor and defense counsel," Habba wrote. Roberta Kaplan wrote in her Tuesday letter that she has no memory of ever interacting with the judge while he was at Paul, Weiss. Roberta Kaplan also wrote that she may seek sanctions against Habba for the false accusation. Habba is already a member of a long list of Trump lawyers to be sanctioned for pushing false claims in a courtroom.
Persons: , Jean Carroll's, Donald Trump's, Paul, Weiss, Carroll, Roberta Kaplan, Alina Habba, Lewis Kaplan, Habba, Trump, Charles Gasparino, Weiss Rifkin, Lew, Hillary Clinton Organizations: Service, Business, US, Trump, Trump defaming, New York, Wharton, Habba Locations: New York, Florida
E. Jean Carroll's lawyer on Tuesday rebutted a claim that she was mentored by the judge who oversaw the rape defamation trial of Donald Trump, and said there is "no basis' to toss the recent $83.3 million verdict against the former president in Carroll's favor. Roberta Kaplan joined the firm in October 1992 and Lewis Kaplan left Paul, Weiss in August 1994 upon his confirmation as judge. Roberta Kaplan also told the judge in a letter that she reserved the right to "seek sanctions" against Habba for making "false and vexatious claims." As in the second trial, Roberta Kaplan represented Carroll and Judge Kaplan presided over the case. "We believe, and will argue on appeal, that the Court was overtly hostile towards defense counsel and President Trump, and displayed preferential treatment towards Plaintiff's counsel," Habba wrote.
Persons: Roberta Kaplan, Jean Carroll's, Carroll, Donald Trump, Carroll's, Alina Habba, Kaplan, District Judge Lewis Kaplan, Paul, Weiss, Judge Kaplan, Lewis Kaplan, Habba, Trump's, Lew, Trump Organizations: Manhattan Federal, U.S, District, Habba, Trump, Carroll, New York Locations: New York City, U.S, New York
A federal jury ordered Donald Trump to pay E. Jean Carroll $83.3 million in damages on Friday. During the defamation trial, Trump and his attorney appeared to frequently frustrate the presiding judge. The jury deliberated for under three hours before delivering their verdict, which included $18.8 million in compensatory damages and $65 million in punitive damages for Carroll. Juries tend to grow attached to their presiding trial judge, Jones said, adding that they often come to see the judge as a protector of sorts. The $83.3 million in damages are on top of $5 million in damages Carroll won during the May 2023 trial.
Persons: Donald Trump, Jean Carroll, Trump, , Jean Carroll's, Carroll, Lewis Kaplan, Alina Habba, impatiently, John Jones, Jones, Kaplan, Chris Mattei, Alex Jones, Mattei, defaming Carroll, Habba, Biden, Witch Hunt, That's Organizations: Service, Carroll, US, Dickinson College, Trump, , Republican Party Locations: Pennsylvania
Sections of the deposition, where Trump denied raping Carroll and said she was "not my type," were played for the jury earlier on Thursday. Three times — twice before his testimony, and once afterward — Trump griped loudly about getting a raw deal from Carroll and the court system. Then, minutes before his testimony, and with the jury still not in the courtroom, Trump piped up again. Judge Kaplan concluded that Trump was liable for defaming Carroll when he called her a liar in 2019 and that the second trial would be only on damages. As Carroll and Kaplan then left the courtroom, Business Insider asked them if they had any response to Trump's parting remark.
Persons: , Donald Trump, Jean Carroll, Trump, Alina Habba, Carroll, umbrage, Lewis Kaplan, he'd, she's, — Trump, Roberta Kaplan, she'd, Kaplan, Carroll's, Judge Kaplan, defaming Carroll, Habba, didn't, Carroll didn't, they'll Organizations: Service, Business, Republican, Trump, US, Carroll, Secret Service, Marshalls Locations: Manhattan, America
Read previewDonald Trump's lawyer made headlines last week after she violated basic courtroom rules and proper legal procedure in the E. Jean Carroll defamation trial. Alina Habba's behavior would have opened her up to potential malpractice liability in any other case, said one ethics lawyer. But Trump is unlikely to sue Habba for malpractice, he said. "Trump wants a lawyer who will fight in the court of public opinion as much as the courtroom," Neama Rahmani, the president of West Coast Trial Lawyers, told Business Insider. "There aren't a lot of good trial lawyers who want to jump on that grenade."
Persons: , Donald Trump's, Jean Carroll, Lewis Kaplan, Habba, dinging, Alina Habba's, Trump, Stephen Gillers, Gillers, wouldn't, they'll, Kris Franklin, Mary, Carroll, Rahmani, didn't Organizations: Service, Business, NYU School of Law, West, Trial, New York Law School, New, The New York Times, Habba Locations: New York
The judge overseeing Donald Trump's second E. Jean Carroll defamation trial has repeatedly bench-slapped his lawyer. Alina Habba repeatedly made simple lawyering mistakes, disrupting the proceedings. The judge actually showed restraint handling Habba, one former judge said. And the judge actually showed restraint in his repeated scoldings of Habba, a former federal judge told Business Insider. AdvertisementJones said that by being disruptive in the court, Habba is doing exactly what Trump wants: sowing chaos.
Persons: Donald Trump's, Jean Carroll, Alina Habba, , Lewis Kaplan, reprimanding, Kaplan barked, Habba, Trump, Carroll, Kaplan, John Jones, Jones, Kaplan's, she's Organizations: Service, Business, New, Trump, Middle District of, Dickinson College Locations: New York, Habba, Middle District, Middle District of Pennsylvania
The trial was delayed Monday for a juror COVID scare — and Tuesday is the New Hampshire primary. If the trial isn't delayed another day, as Trump's lawyers requested, he may lose his chance to take the stand. Well, that's the New Hampshire Republican presidential primary — and Trump made clear through his defense team Monday that he plans on being there. Now, that chain of events — a sick juror, and the New Hampshire primary — may well conspire to keep Trump off the witness stand entirely. AdvertisementThe judge paused the trial until Tuesday, but that day will be busy as well, given the New Hampshire primary.
Persons: Donald Trump, Jean Carroll's, , Trump, hooky, Alina Habba, Habba, Lewis Kaplan, Elle, Robbie Meyers, Carol Martin, Carroll, Kaplan Organizations: Service, New Hampshire Republican, New, Trump, US Locations: New Hampshire, Manhattan
Carroll said she deleted emails with death threats after Trump defamed her. "Plaintiff admitted that she deleted multiple email messages pertaining to purported death threats made to her," Habba wrote. Advertisement"Despite being served with a subpoena in connection with this action, Plaintiff failed to take reasonable steps to preserve relevant evidence," Habba wrote. "In fact, she did much worse — she actively deleted evidence which she now attempts to rely on in establishing her damages claim." Carroll testified that she received death threats "daily" and deleted them from her inbox and from replies to her social media posts.
Persons: Donald Trump, Jean Carroll, Carroll, Trump, , Donald Trump's, Jean Carroll's, Lewis Kaplan, Alina Habba, Habba, Kaplan, hasn't, Manhattan's Bergdorf Goodman, Trump's, defaming Carroll Organizations: Service, Elle, Plaintiff, Trump, Twitter, Facebook, New Locations: Manhattan, New York
Former U.S. President Donald Trump's lawyer Alina Habba cross examines E. Jean Carroll before Judge Lewis Kaplan during the second civil trial where Carroll accused Trump of raping her decades ago, at Manhattan Federal Court in New York City, U.S., January 18, 2024 in this courtroom sketch. A federal judge Thursday quickly lost patience with Donald Trump's lawyer as she grilled E. Jean Carroll on her income and social media history as part of the former president's civil defamation trial. said the judge, Lewis Kaplan, in response to defense lawyer Alina Habba's questions about how much money Carroll currently makes. The trial in Manhattan federal court is being conducted to determine damages Carroll is owed by Trump for defamatory statements he made after she aired that rape claim. Kaplan's impatience with Habba's cross-examination came a day after Trump clashed with the judge in open court.
Persons: Donald Trump's, Alina Habba, Jean Carroll, Judge Lewis Kaplan, Carroll, Trump, Lewis Kaplan, Alina Habba's, Kaplan, Habba Organizations: U.S, Manhattan Federal, Trump Locations: New York City, U.S, Manhattan
Michael Cohen finished testifying Wednesday, his second day on the stand at Trump's NY fraud trial. "No I did not," Cohen protested from the witness stand, in one of the rare moments that his voice rose to meet Habba's volume. Just after the lunch break, Trump was suddenly summoned to take the witness stand by the judge. Engoron found Trump's testimony – in which he swore under oath that he'd meant Cohen, not the clerk, was "partisan" – was "not credible." AdvertisementAdvertisementAnd Trump's testimony, not Cohen's, wound up the big story of the day.
Persons: Michael Cohen, Trump, Alina Habba, upstaged, , Donald Trump's, Cohen, he'd, Habba, " Cohen, Emily Fox, Emily Jane Fox, Letitia James, James, Donald Trump , Jr, Eric Trump, Arthur Engoron, Trump's, Weisselberg, Clifford Robert, Robert, Donald Trump, Colleen Faherty, Engoron, o00 Organizations: Service, Trump White House, Trump, firebrand, York, longtime Trump Organization, New Locations: Manhattan, New York
"You're not on your podcast," the lawyer, Alina Habba, snapped at Cohen at one point. "You're not on 'Mea Culpa,'" Habba continued, naming Cohen's podcast, which routinely targets Trump with vitriol. AdvertisementAdvertisement"No speeches," Engoron warned, noting that as a lawyer, Habba must ask questions, not make statements. But in that half hour, she called Cohen a liar and perjuror in multiple questions – "so you have lied under oath numerous times, Mr. On his way out of court for the day, Trump paused before the hallway news cameras and called Cohen a "disgraced felon."
Persons: Trump's, Michael Cohen, Alina Habba, Cohen, Trump, , Donald Trump's, Mr, here's, Habba, Arthur Engoron, Engoron, , Cohen's, Habba's, Christopher Kise, Kise, Colleen Faherty Organizations: Service, Trump Organization, Trump, New Locations: York, Manhattan, Moscow
Carroll wants to amend her remaining lawsuit by removing the word 'rape' and adding new alleged defamations. Trump is now fighting these amendments, and demands the word 'rape' stay in the lawsuit. His lawyers plan to argue that since a jury has now rejected her rape claim, Trump rightfully called her a liar. Carroll's proposed amended complaint "substitutes every reference of the word 'rape' and replaces it with 'sexual assault,'" Trump attorney Alina Habba writes in the filing, addressed to US District Court Judge Lewis A. Kaplan, the presiding judge for Carroll's two defamation suits. In that case, a federal jury in Manhattan found Trump indeed defamed and sexually abused Carroll and approved $5 million in damages.
Trump's lawyers asked to delay the E. Jean Carroll battery and defamation trial a month on Thursday. It is unclear how much of Reid's money granted through his nonprofit was used by Kaplan Hecker & Fink for the Carroll case. Seth Wenig/APOn Tuesday, Trump's lawyers asked the judge for a one-month delay to allow the "media frenzy" around his arrest to die down. Judge Kaplan has also complained about numerous attempts to delay the case in the past. But that litigation has been in limbo while appeals courts weigh in on whether Trump can even be sued in that case.
Lawyers representing Trump keep getting sanctioned by courts. Many of Trump's lawyers, even if they are not sanctioned, end up needing lawyers of their own to ward off the worst consequences. Insider identified 17 lawyers who have been personally sanctioned because of their work for Trump. The least successful, however, was a sprawling lawsuit Trump filed against Hillary Clinton, the Democratic National Committee, and several other figures linked to Clinton's 2016 presidential campaign. He was part of Trump's "Elite Strike Force" of lawyers trying to convince judges to cancel votes and have Trump declared the victor.
Alina Habba is withdrawing from representing Donald Trump in E. Jean Carroll's rape claim. Habba told Insider she continues to be dedicated to Trump. The move comes two weeks after a federal judge in Florida sanctioned Habba and Trump in a separate case and fined them $1 million. In a statement provided to Insider, Habba told Insider she was dedicated to representing Trump in court. "While I appreciate the left-wing media's attempt to fabricate any story to fit their narrative, I am so happy to have Joe step in and assist," Habba told Insider.
Trump mistook a woman who is suing him for sexual assault for his ex-wife during a deposition. When confronted with the photo during the deposition, Trump said, "That's Marla, yeah." "That's Marla, yeah. When Trump made the mix-up, his lawyer, Alina Habba, appeared to correct him and point out that the woman was Carroll. Trump in his deposition repeatedly doubled down on his stance that he would never have found Carroll attractive.
Lawyers representing Trump keep getting sanctioned by courts. Sixteen different lawyers have been sanctioned over failed lawsuits brought on the former president's behalf. Many of Trump's lawyers, even if they are not sanctioned, end up needing lawyers of their own to ward off the worst consequences. Still, as many 16 lawyers have been personally sanctioned because of their work for Trump, and Insider has compiled a list. The least successful, however, was a sprawling lawsuit Trump filed against Hillary Clinton, the Democratic National Committee, and several other figures linked to Clinton's 2016 presidential campaign.
Excerpts from E. Jean Carroll's deposition in her rape lawsuit against Trump were filed in court. She explains she held back her allegation because rape victims were seen as "spoiled goods." Carroll says Trump raped her in a Bergdorf Goodman's changing room in the 1990s. Trump denied Carroll's allegation and called her a liar, prompting Carroll to file a defamation lawsuit against him. In her deposition, Carroll said it took time to understand the impact the alleged attack had on her life.
A federal judge sanctioned attorneys for former President Donald Trump on Thursday as penalty for advancing a "frivolous" lawsuit against a raft of Trump's political enemies, including Hillary Clinton and the Democratic National Committee. "Additional sanctions may be appropriate," the judge noted, after suggesting the lawyers' behavior may require the "attention of the Bar and disciplinary authorities." The sanctions — which require Trump's lawyers to pay $50,000 and compensate a defense attorney's legal fees — came two months after Middlebrooks had tossed out the suit, describing it as a "two-hundred-page political manifesto." "Thirty-one individuals and organizations were summoned to court, forced to hire lawyers to defend against frivolous claims. The judge included an excerpt of Habba's from that Sept. 10 interview, when she slammed Middlebrooks as a "Clinton judge" who "basically ignored every factual basis" for the lawsuit.
Trump lawyer Alina Habba said he should have "no problem" testifying to the January 6 committee. The committee's subpoena demanded a wide range of Trump's communication records that would cover any exchanges he had while the Capitol was under attack. It asks Trump to submit documents by November 4 and then sit to testify around the middle of the month. On Newsmax — where chyrons echoed Trump by calling it a "political witch hunt" — Bolling outlined how Trump might respond. Former White House strategist Steve Bannon was sentenced to four months in prison for contempt of Congress after he refused the committee's subpoena.
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