Donald Trump ordered to pay E Jean Carroll $83.3m in defamation trial

 

Donald Trump ordered to pay E Jean Carroll $83.3m in defamation trial

 

Ex-president vows to appeal against ruling, which comes less than a year after Carroll won $5m in sexual abuse and defamation trial

 

Victoria Bekiempis

Fri 26 Jan 2024 17.09 EST

https://www.theguardian.com/us-news/2024/jan/26/e-jean-carroll-damages-trump-defamation-trial

 

A New York City jury awarded $83.3m to E Jean Carroll in her defamation trial against Donald Trump on Friday.

 

Carroll will receive $18.3m in compensatory damages and $65m in punitive retribution. The former president is paying Carroll compensatory damages of $18.3m – $11m to fund a reputational repair campaign. The $7.3m is for the emotional harm caused by Trump’s 2019 public statements. Carroll and her legal team were beaming as they left court in a black SUV. They did not answer questions immediately after court let out.

 

Moments after the decision was announced, Trump decried it as “absolutely ridiculous” on Truth Social, and said he would be filing an appeal.

 

“I fully disagree with both verdicts, and will be appealing this whole Biden Directed Witch Hunt focused on me and the Republican Party,” Trump wrote. “Our Legal System is out of control, and being used as a Political Weapon. They have taken away all First Amendment Rights. THIS IS NOT AMERICA!”

 

The Manhattan federal court decision comes less than one year after Carroll won $5m in her sexual abuse and defamation trial against Trump.

 

This sum stems from Carroll’s rape claim against the president in a June 2019 New York magazine article. The publication ran an excerpt of her then-forthcoming book, What Do We Need Men For? A Modest Proposal.

 

In that excerpt, Carroll said that Trump raped her inside the dressing room of a luxe Manhattan department store around early 1996. The tenor of Trump’s denials – saying, for example, that she lied and was a political operative – became the subject of her 2019 defamation suit against him.

 

At the time, Carroll could not sue Trump over the alleged assault, as it would have taken place outside the civil statute of limitations. A novel New York state law in 2022, the Adult Survivors Act, opened a one-year window for adult accusers to file suit for incidents outside the civil statute of limitations.

 

Carroll filed another lawsuit, this one over the incident and defamatory statements after Trump’s presidency ended. This lawsuit proceeded to trial first and the judge in both cases, Lewis Kaplan, determined jurors’ findings – that Trump sexually abused Carroll and tarnished her reputation – would be accepted as fact in this trial.

 

As a result, Trump could not re-litigate her sexual abuse claim. The jurors were tasked only with weighing financial penalties for damaging Carroll’s reputation – and the sum required to keep Trump from making still more defamatory statements.

 

“I’m here because Donald Trump assaulted me, and when I wrote about it, he said it never happened,” Carroll said on the stand. “He lied, and it shattered my reputation. I expected him to deny it, but to say it was consensual, when it was not. But that’s what I expected him to say.”

 

She continued: “The thing that really got me about this was, from the White House, he asked if anyone had any information about me, and if they did, to please come forward as soon as possible, because he wanted the world to know what’s really going on – and that people like me should pay dearly.”

 

Trump did not attend Carroll’s first trial but made appearances at the second – marking the first time she confronted him publicly in a courtroom. Trump’s comportment during the courtroom showdowns was in keeping with his infamously bombastic behavior, prompting warnings from the judge.

 

“Mr Trump has the right to be present here. That right can be forfeited, and it can be forfeited if he is disruptive, which is what has been reported to me, and if he disregards court orders,” Kaplan warned.

 

“Mr Trump, I hope I don’t have to consider excluding you from the trial … I understand you are probably very eager for me to do that.”

 

“I would love it, I would love it,” Trump retorted with a gesture.

 

“I know you would, you just can’t control yourself in this circumstance, apparently,” Kaplan said.

 

The end stages of this trial were also marked by another hallmark of Trump’s legacy: Covid-related chaos. On 22 January, trial proceedings were postponed as one juror experienced coronavirus symptoms; his leading attorney, Alina Habba, also told judge Kaplan that she felt unwell and had been exposed to Covid.

 

Trump did take the stand on 25 January. Kaplan restricted the scope of her questions and his responses, as per his prior ruling that he could not re-litigate her claims.

 

Habba was allowed to ask: “Do you stand by your testimony in the deposition?”

 

“One hundred percent, yes,” he said, referring to the deposition in which he denied her claims.

 

“Did you deny the allegation because Ms Carroll made an accusation?”

 

“That’s exactly right. She said something, I consider it a false accusation. No difference,” Trump retorted. This sparked an objection from Carroll’s camp. Kaplan said that everything after “yes, I did” was stricken.

 

“Did you ever instruct anyone to hurt Ms Carroll in your statements?”

 

“No. I just wanted to defend myself, my family, and frankly, the presidency,” Trump said. Carroll’s team objected again. Kaplan deemed that everything after “no” be stricken, so jurors were ordered to disregard this statement.

 

In total, Trump’s direct and cross testimony lasted about two or three minut