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In deposition played for jury, Trump told E. Jean Carroll's lawyers he had the 'right to be insulting'

"Historically, that’s true with stars," Trump responded when asked about his comments on the infamous "Access Hollywood" tape.

 
Caitlin Dickson
Caitlin Dickson
·Reporter
Thu, May 4, 2023 at 12:41 PM EDT
 
 
A courtroom sketch showing a screen playing a videotape of Donald Trump's deposition and the seated judge behind three open laptops, with a back view of the jury watching the tape on laptop screens.
 
Donald Trump's deposition videotape is played on a large screen for the jury, lower left, with Judge Lewis Kaplan presiding, in Manhattan federal court on Wednesday. (Elizabeth Williams via AP)

NEW YORK CITY — During his October deposition as part of the rape and defamation trial brought against him by the writer E. Jean Carroll, former President Donald Trump told prosecution lawyers that “stars” like him had, “unfortunately or fortunately,” historically been permitted to carry out unwanted sexual assault.

That videotaped deposition was played for the jury Thursday at the Daniel Patrick Moynihan U.S. Courthouse in lower Manhattan. In it, Carroll's lawyer Roberta Kaplan read a portion of the now infamous off-the-cuff remarks Trump made to the “Access Hollywood” co-host Billy Bush in 2005.

“I just start kissing them, it’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything. Grab them by the pussy,” Kaplan said on the video, repeating Trump’s own words, before asking him to elaborate.

 

“Historically, that’s true with stars,” Trump responded during the deposition. “If you look over the last million years, that’s what’s been largely true of the stars — unfortunately or fortunately.”

Kaplan followed up by asking Trump, who has denied all allegations of sexual impropriety made against him by multiple women, if he considered himself a star.

“I think I can say that, yeah,” Trump said.

Carroll alleges that Trump raped her in a changing room at Bergdorf Goodman department store in the mid-1990s, and Kaplan also asked Trump, who is not expected to testify in his own defense during the trial, about his quip that Carroll was “not my type.”

E. Jean Carroll, in cream coat and dark glasses, smiles over at a photographer behind a barrier.
 
E. Jean Carroll arrives at federal court in New York on Tuesday. (AP Photo/Seth Wenig)

Trump responded that he had the “right to be insulting” given the accusation of rape, before telling Kaplan, “You wouldn’t be a choice of mine either, if I’m being honest. I hope you’re not offended.”

Kaplan pressed Trump on his assertion that he had no idea who Carroll was and that he had never met her. She showed Trump a photo taken at a charity event that featured Trump; Ivana, his wife at the time; Carroll; and her then husband.

“I don’t know who the woman is,” Trump initially said of Carroll, before adding, “It’s Marla [Maples, his second wife]. That’s Marla, yeah, that’s my wife.”

Later, Kaplan asked Trump, “I take it the women you’ve married are your 'type'?”

“Yeah,” Trump responded.

Kaplan also questioned Trump about an Oct. 12, 2022, statement in which he claimed that Carroll said he “swooned her.”

“She indicated that she loved it,” Trump said in the deposition.

Throughout the deposition, Trump, whose defense team announced Wednesday that they would not call a single witness in the case, maintained his innocence.

“I’ve had a lot of hoaxes played on me. This is one of them,” Trump said. “This ridiculous situation is a big fat hoax.”

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How is this guy going to run for Pres.??........🙄

The New York Times

Justice Dept. Intensifying Efforts to Determine if Trump Hid Documents

 
Maggie Haberman, Adam Goldman, Alan Feuer, Ben Protess and Michael S. Schmidt
Fri, May 5, 2023 at 7:30 AM EDT
 
 
Mar-a-Lago, the residence of former President Donald Trump in Palm Beach, Fla., on April 4, 2023. (Hilary Swift/The New York Times)
 
Mar-a-Lago, the residence of former President Donald Trump in Palm Beach, Fla., on April 4, 2023. (Hilary Swift/The New York Times)

Federal prosecutors investigating former President Donald Trump’s handling of classified documents have obtained the confidential cooperation of a person who has worked for him at Mar-a-Lago, part of an intensifying effort to determine whether Trump ordered boxes containing sensitive material moved out of a storage room there as the government sought to recover it last year, multiple people familiar with the inquiry said.

Through a wave of new subpoenas and grand jury testimony, the Justice Department is moving aggressively to develop a fuller picture of how the documents Trump took with him from the White House were stored, who had access to them, how the security camera system at Mar-a-Lago works and what Trump told aides and his lawyers about what material he had and where it was, the people said.

At the heart of the inquiry is whether Trump sought to hide some documents after the Justice Department issued a subpoena last May demanding their return.

 

The existence of an insider witness, whose identity has not been disclosed, could be a significant step in the investigation, which is being overseen by Jack Smith, the special counsel appointed by Attorney General Merrick Garland. The witness is said to have provided investigators with a picture of the storage room where the material had been held. Little else is known about what prosecutors might have learned from the witness or when the witness first began to provide information to the prosecutors.

But prosecutors appear to be trying to fill in some gaps in their knowledge about the movement of the boxes, created in part by their handling of another potentially key witness, Trump’s valet, Walt Nauta. Prosecutors believe Nauta has failed to provide them with a full and accurate account of his role in any movement of boxes containing the classified documents.

In the past few weeks, at least four more Mar-a-Lago employees have been subpoenaed, along with another person who had visibility into Trump’s thinking when he first returned material to the National Archives, according to people briefed on the matter. Two people said that nearly everyone who works at Mar-a-Lago has been subpoenaed, and that some who serve in fairly obscure jobs have been asked back by investigators.

Prosecutors have also issued several subpoenas to Trump’s company, the Trump Organization, seeking additional surveillance footage from Mar-a-Lago, his residence and private club in Florida, people with knowledge of the matter said. While the footage could shed light on the movement of the boxes, prosecutors have questioned a number of witnesses about gaps in the footage, one of the people said.

But hoping to understand why some of the footage from the storage camera appears to be missing or unavailable — and whether that was a technological issue or something else — the prosecutors subpoenaed the software company that handles all of the surveillance footage for the Trump Organization, including at Mar-a-Lago.

And they recently subpoenaed Matthew Calamari Sr., the longtime head of security at the Trump Organization who became its chief operating officer. His son, Matthew Calamari Jr., who is the company’s corporate director of security, was subpoenaed some time ago, according to a person familiar with the activity.

Both would have insight into the security camera operation, according to people familiar with the matter. Both Calamaris appeared before the grand jury gathering evidence in the case Thursday. CNN first reported that prosecutors planned to question them.

One of the previously unreported subpoenas to the Trump Organization sought records pertaining to Trump’s dealings with a Saudi-backed professional golf venture known as LIV Golf, which is holding tournaments at some of Trump’s golf resorts.

It is unclear what bearing Trump’s relationship with LIV Golf has on the broader investigation, but it suggests that the prosecutors are examining certain elements of Trump’s family business.

A spokesperson for Trump called the case “a targeted, politically motivated witch hunt” that is “concocted to meddle in an election and prevent the American people from returning him to the White House.” The spokesperson accused Smith’s office of harassing “anyone who has worked for President Trump” and of now using the inquiry to target Trump’s business.

Investigators have been piecing together Trump’s handling of government documents for months, seeking information not just about his habits after leaving the White House but also about his practices as president. Among the information they have gathered in interviews concerned his habit of flushing material down toilets, according to a person familiar with the matter.

Another related line of inquiry for Smith’s team is whether Trump misled one of his lawyers, M. Evan Corcoran, about the movement of classified documents around Mar-a-Lago. In June, Corcoran helped draft a sworn statement, signed by another lawyer, saying that a “diligent search” was conducted of the boxes and that any classified documents were turned over to the Justice Department.

To obtain Corcoran’s testimony on this subject, which would ordinarily be blocked by attorney-client privilege, the special counsel’s office first had to convince a judge that Trump may have misled him. In doing so, the prosecutors invoked what is known as the crime-fraud exception, which allows them to pierce attorney-client privilege when they have reason to believe that a client used legal advice or legal services in furthering a crime.

During his appearance before the grand jury in March, Corcoran testified that several Trump employees had told him that the Mar-a-Lago storage room was the only place where the documents were kept, according to people with knowledge of the matter. The employees turned out to be wrong — when FBI agents searched Mar-a-Lago in August they found classified documents in Trump’s office and residence — but at the time, that was a common belief within Trump’s inner circle.

Although Corcoran testified that Trump did not personally convey that false information, his testimony hardly absolved the former president, the people with knowledge of the matter said. Corcoran also recounted to the grand jury how Trump did not tell his lawyers of any other locations where the documents were stored, which may have effectively misled the legal team.

Prosecutors working under Smith have developed what multiple people familiar with the investigation say is a wealth of testimony and evidence about Trump’s behavior during the lengthy period when the National Archives and the Justice Department sought to retrieve presidential materials from the former president.

After months of requests, Trump in January 2022 turned over to the archives 15 boxes of material he had taken from the White House. Those boxes turned out to contain reams of classified material, prompting a Justice Department investigation and a subpoena in May of last year demanding the return of any further documents in Trump’s possession.

Corcoran turned over another set of documents in response to the subpoena. But suspecting that Trump still had more based on witness testimony and video footage, prosecutors sought a search warrant, which the FBI used to scour Mar-a-Lago in August, turning up more material despite the earlier statement from the lawyers saying they had found nothing else there.

The Justice Department investigation has returned repeatedly in recent weeks to a crucial question: Did Trump instruct Nauta, or anyone else, to move boxes out of the storage room before the lawyers conducted the “diligent search” of Mar-a-Lago and said no classified records remained at the property?

Last fall, prosecutors faced a critical decision after investigators felt Nauta had misled them. To gain Nauta’s cooperation, prosecutors could have used a carrot and negotiated with his lawyers, explaining that Nauta would face no legal consequences as long as he gave a thorough version of what had gone on behind closed doors at the property.

Or the prosecutors could have used a stick and wielded the specter of criminal charges to push — or even frighten — Nauta into telling them what they wanted to know.

The prosecutors went with the stick, telling Nauta’s lawyers that he was under investigation and they were considering charging him with a crime.

The move backfired, as Nauta’s lawyers more or less cut off communication with the government. The decision to take an aggressive posture toward Nauta prompted internal concerns within the Justice Department. Some investigators believed that top prosecutors, including Jay Bratt, the head of the counterespionage section of the national security division at the Justice Department, had mishandled Nauta and cut off a chance to win his voluntary cooperation.

More than six months later, prosecutors have still not charged Nauta or reached out to him to renew their conversation. Having gotten little from him as a witness, they are still seeking information from other witnesses about the movement of the boxes.

In interviews recently, the Justice Department has been focused on Nauta and the help he received from a Mar-a-Lago maintenance worker in moving boxes. They have asked multiple people questions about it, as well as questions about the security cameras and what they did and did not capture. They have asked questions specifically about whether Nauta was walking to or from the president’s residence on the property, according to a person briefed on the matter.

In addition to seeking testimony from the Calamaris and other Trump Organization employees, the special counsel’s office has issued numerous subpoenas to the company itself, seeking a variety of internal documents, according to people with knowledge of the subpoenas.

Another line of inquiry that prosecutors have been pursuing relates to how Trump’s aides have helped hire and pay for lawyers representing some of the witnesses in investigations related to the former president. They have been trying to assess whether the witnesses were sized up for how much loyalty they might have to Trump as a condition of providing assistance, according to people briefed on the matter.

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Trump's rape trial defense? His accuser and her friends have Trump Derangement Syndrome

 
Jacob Shamsian
Sat, May 6, 2023 at 7:00 AM EDT
 
 
Donald Trump E jean Carroll side by side
 
Donald Trump and E. Jean Carroll.REUTERS/Andrew Kelly; Luiz C. Ribeiro/New York Daily News/Tribune News Service via Getty Images
  • Donald Trump's lawyers have tried to undermine E. Jean Carroll, who accuses him of rape.

  • They argue Carroll, her friends who corroborate her story, and other accusers are all Trump haters.

  • All of them say they're telling the truth, regardless of their political views.

This week, lawyers for E. Jean Carroll, who says Donald Trump raped her in the spring of 1996, rested their case in the battery and defamation trial that has gripped a lower Manhattan federal courtroom for seven days.

Over the course of the trial, jurors heard searing testimony from Carroll herself, as well as the accounts of two friends whom she confided in shortly after the alleged rape and two other sexual assault accusers who say their experiences with Trump resembled Carroll's. The only appearance Trump made came in the form of a deposition video where the former president disparages Carroll.

 

Just moments later, Trump's lawyers rested their case as well, without presenting any evidence.

Trump's attorney Joe Tacopina said from the start that the former president's legal team wouldn't bring any witnesses in front of the jury. The entire case, he told jurors in his opening statement, would come out in the cross-examination of Carroll and the witnesses her lawyers put on the stand.

With the testimony concluding on Thursday, and closing arguments to begin on Monday — unless Trump makes a surprise personal appearance — we now know what that defense looks like.

Carroll and her friends, Trump's lawyers suggest, all have Trump Derangement Syndrome.

Trump denies raping Carroll. And while her allegations have provoked his fury, he hasn't deigned to show up to the trial happening now in Manhattan federal court.

Carroll's lawsuit seeks to hold Trump liable of battery for allegedly raping her in a dressing room of the lingerie section of Manhattan's Bergdorf Goodman department store in the spring of 1996, as well as for defaming her after she went public with her story decades later, in 2019. She testified that she confided separately with two friends, Lisa Birnbach and Carol Martin, shortly after the alleged attack.

According to Trump's lawyers, the whole lawsuit is a conspiracy schemed up by ardent Trump critic George Conway. No one else was there to witness the alleged attack. Carroll herself is a feminist journalist and longtime supporter of Democrats, and the only corroboration presented in court is testimony from her two close friends, who are also Democrats. The whole thing is too convenient, Trump's lawyers say. The alleged plot, they say, has made Carroll an icon of the #Resistance and was motivated by her desire to sell more books.

"E. Jean Carroll, Lisa Birnbach, and Carol Martin hated Donald Trump, loathed Donald Trump politically, not because anyone got raped, but just politically they hated him," Tacopina told jurors in his opening statement.

Carroll and her friends did not like Trump's politics, to put it mildly

The diagnosis of "Trump Derangement Syndrome" came into vogue during the 2016 election, as Trump's defenders — or at least critics of his opponents — tried to paint liberals as obsessing and overreacting to his many controversies.

Carroll, Birnbach, and Martin also happened to be journalists — or as Trump likes to call them, "enemies of the people" who can't be trusted. Birnbach and Natasha Stoynoff, another woman who accused Trump of rape and who testified in the trial, even wrote magazine articles about Trump's personal life in the years that he was a tabloid fixture. Jessica Leeds, yet another accuser who testified in the case, said she consistently voted for Democrats in major elections.

After Trump became a presidential candidate in 2015, and in 2016, Birnbach was a prolific podcaster and occasional radio show and cable news guest.

During cross-examination, Trump's lawyer brought up some pointed comments she made about the now-former president.

Did she call him a "narcissistic sociopath"? "That sounds right," Birnbach answered. What about "Vladimir Putin's asset," a "slimeball," "cult" leader, "delusional," and "an infection like herpes that we can't get rid of"?

"I'm not a fan," Birnbach said on the stand.

e jean carroll roberta kaplan donald trump trial
 
E. Jean Carroll and attorney Roberta Kaplan.AP Photo/John Minchillo

Trump's attorney pointed out that Birnbach had said Trump and his allies had symptoms of Trump Derangement Syndrome. Birnbach previously said she thought about Trump "every hour, every day that I'm awake, and unfortunately when I sleep."

"The guy had done a lot of bad things and I was hoping that there would be — at some point he would have to account for them," Birnbach said.

A plot against Trump — or a stuffed squirrel?

Martin did not have anything nice to say about Trump, either. In emails and text messages, she said Trump was "demonic" and "spreading his stank" over the country, and made jokes about an uncorroborated claim that Trump enjoyed women urinating on him. She called Trump's daughter Ivanka Trump and son-in-law Jared Kushner "two junior grifters sashaying into meetings with world leaders."

In a 2017 email shown at trial, Martin called Trump "Orange Crush" and made a reference to meeting up with Carroll to "scheme," saying "we must both do our patriotic duty." Carroll responded with "TOTALLY!!! I have something special for you when we meet."

Asked about that email by Tacopina, Martin testified she believed "scheme" was a reference to supporting Democratic party causes, and the "something special" Carroll promised was a stuffed squirrel that was a gift for her granddaughter.

e jean carroll courtroom sketch trump deposition
 
Former Elle magazine advice columnist E. Jean Carroll watches as a former U.S. president Donald Trump's video deposition is played in court.REUTERS/Jane Rosenberg

But even Martin seemed — at least for a brief time — ambivalent about Carroll's intentions behind the lawsuit.

In another message, later on, she told her daughter she believed Carroll was "acting a little scary" and "in too deep," yet "loving the adulation." Tacopina suggested Carroll enjoyed the attention her accusations against Trump brought her.

"It's gone to another level and not something I can relate to," Martin said. "For her sadly, I think this quest has become a lifestyle."

In none of the unfavorable descriptions of Trump, Tacopina pointed out, did Martin describe him as "a rapist."

"You can't beat up on me for not screaming"

Trump's lawyers have taken pains to note that, while Carroll hated Trump, she went public with her story through a book and magazine article, not a call to the police. She also didn't scream or cry while Trump allegedly raped her, Tacopina noted.

Michelle Simpson Tuegel, an attorney who's represented hundreds of sexual violence victims, including the victims of Olympic gymnast coach Larry Nassar, says the "victim blaming" approach could backfire with the jury. There is no "normal response" to getting raped, she said.

"She didn't scream, or she didn't report, or motivations that they've tried to argue or underlying her reporting — it's offensive," Simpson Tuegel said.

E. Jean Carroll
 
Former advice columnist E. Jean Carroll walks into Manhattan federal court on Tuesday, April 25, 2023, in New York.Brittainy Newman/AP

Or, as Carroll said in one particularly testy exchange with Tacopina: "You can't beat up on me for not screaming."

Birnbach and Martin both testified that they decided to come forward under oath voluntarily not because they were part of some conspiracy, but to support their cherished friend. The two said they kept Carroll's rape allegations against Trump a secret because she asked them to. Neither would lie to "stop the Trump train," they said.

"I am here because my friend — my good friend who is a good person — told me something terrible that happened to her, and as a result she lost her employment and her life became very, very difficult," Birnbach testified. "I am here because I am her friend and I want the world to know that she was telling the truth."

Carroll is well-connected in the #Resistance

Carroll's own politics were a focal point in her testimony. In a moment that made US District Judge Lewis Kaplan stifle laughs, Carroll talked about how she jokingly suggested in one of her books that all men should be rounded up, brought to Montana, and "retrained." Tacopina also pressed her about her votes for Democrats, and her comments that Trump could get bogged down by investigations.

"Ms. Carroll has said that if Donald Trump has to deal with so many lawsuits, he won't be able to run for office," Trump's attorney Joe Tacopina said in his opening statement last week. "And here we are."

Tacopina brought up emails where Carroll referenced friendships with a murderer's row of MSNBC fixtures. In her emails to friends, Carroll talks about hanging out with Mary Trump, columnists Molly Jong-Fast and Margaret Sullivan, and legal and political commentators Joyce Vance, Katie Phang, and Jen Taub. Carroll discussed planning to hold a sort of listening party for one of her own court hearings, where the group would dial in from the Ruth Bader Ginsburg conference room in the Empire State Building.

By Trump's attorneys lights, this made Carroll a part of the #Resistance: the big-tent political movement that sought to stop Trump. It was through these anti-Trump circles that Carroll met George Conway, a Republican lawyer who despised Trump and was at the time married to Kellyanne Conway, one his chief advisors. At a party hosted by Jong-Fast, Conway told Carroll about how she could pursue civil litigation against Trump.

donald trump e jean carroll deposition
 
Donald Trump in a deposition taken for E. Jean Carroll's lawsuit.Court filing

Two days later, at Conway's recommendation, Carroll met with Roberta Kaplan (no relation to the judge), who is herself a prominent feminist lawyer and has a separate pending lawsuit against Trump and the Trump Organization. Trump attacked Kaplan during the deposition he took for the case.

"She's accusing me of rape — of raping her. It's not true," he snarled. "An you know it's not true, too — you're a political operative. You're a disgrace."

That claim — that Carroll is a politically motivated liar — is precisely the thing that Carroll is suing him over by bringing a defamation lawsuit. The subject has become a sticking point for Trump's lawyers in their questions. Why sue Trump and not, say, former CBS CEO Les Moonves, who Carroll also accused of rape? (Moonves has denied the allegation.)

"Donald Trump called me a liar, said I was pulling a scam, said I was running a con, that I was a Democratic operative, that I had accused other men of rape, that I was in it for the money, that I was in it for the attention," Carroll said on the stand. "And Les Moonves stayed quiet."

Will any of this play well with a jury? Probably not, Simpson Tuegel said.

"It's hard for me to imagine that someone would be willing to be under that level of public scrutiny, and being under such a painstaking microscope, and to relive the worst moments of their life, for political reasons," she said. "The recent narrative regarding this trial being a liberal scheme is offensive not just to the women in this case, but to all survivors of sexual assault who are impacted regardless of your politics."

Carroll herself has said she likes being in the spotlight. But not as a rape victim.

"I like attention. There is no question, I like attention," she said in response to Tacopina's questions. "I don't particularly like attention because I'm suing Donald Trump. Getting attention for being raped — it's hard. Getting attention for making a great three-bean salad — that would be good."

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Judge in Trump criminal case issues protective order to prevent sharing of evidence

AARON KATERSKY
Mon, May 8, 2023 at 6:06 PM EDT
 
 

A New York City judge imposed a protective order Monday in the Manhattan district attorney's criminal case against former President Donald Trump that is meant to ensure evidence shared by the DA's office doesn't wind up on the internet.

Trump pleaded not guilty last month to 34 felony counts of falsifying business records in connection to what prosecutors call an "illegal scheme" to influence the 2016 presidential election by directing his then-personal attorney Michael Cohen to pay $130,000 to adult film actress Stormy Daniels to prevent her from publicizing a long-denied affair with Trump.

Trump reimbursed Cohen through a series of monthly checks, which prosecutors say resulted in falsified business records in order to disguise the true purpose of the payments.

"Any materials and information provided by the People to the Defense" during the trial "shall be used solely for the purposes of preparing a defense in this matter," the order, signed by Judge Juan Merchan, said.

PHOTO: Former President and Republican presidential candidate Donald Trump attends a campaign event in Manchester, N.H., April 27, 2023. (Brian Snyder/Reuters, FILE)
 
PHOTO: Former President and Republican presidential candidate Donald Trump attends a campaign event in Manchester, N.H., April 27, 2023. (Brian Snyder/Reuters, FILE)

The order said that "any person who receives the Covered Materials shall not copy, disseminate, or disclose the Covered Materials, in any form or by any means, to any third party including, but not limited to, by disseminating or posting the Covered Materials to any news or social media platforms, including, but not limited, to Truth Social, Facebook, Instagram, WhatsApp, Twitter, Snapchat, or YouTube, without prior approval from the Court."

Prosecutors sought the protective order because of what they called Trump's "extensive history" of making inflammatory remarks about witnesses, prosecutors and others associated with legal matters pending against him, assistant district attorney Catherine McCaw said at a hearing last week.

Merchan made clear the order does not stop Trump from speaking generally about the case on the campaign trail as Trump runs for a second term as president.

"I'm straining to give him every opportunity to make his candidacy," Merchan said at last week's hearing. "This is not a gag order."

Trump will be required to attend a virtual hearing during which the protective order will be read to him. Prosecutors sought the hearing, and the judge agreed, to make sure Trump understands the order.

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Rolling Stone

Trump Lies That He Wasn’t Able to Defend Himself in Rape Trial

 
Ryan Bort
Tue, May 9, 2023 at 10:34 AM EDT
 
 
trump-lies-defending-himself-e-jean.jpg Donald Trump visit to Ireland - Credit: Brian Lawless/PA Images/Getty Images
 
trump-lies-defending-himself-e-jean.jpg Donald Trump visit to Ireland - Credit: Brian Lawless/PA Images/Getty Images

Donald Trump wants you to know that in the civil rape lawsuit jurors will begin deliberating on Tuesday, he is the real victim.

“Waiting for a jury decision on a False Accusation where I, despite being a current political candidate and leading all others in both parties, am not allowed to speak or defend myself, even as hard nosed reporters scream questions about this case at me,” the former president wrote on Truth Social on Tuesday. “In the meantime, the other side has a book falsely accusing me of Rape, & is working with the press. I will therefore not speak until after the trial, but will appeal the Unconstitutional silencing of me, as a candidate, no matter the outcome!”

This is a lie. Trump has had every opportunity to defend himself in the trial. His legal team informed Judge Lewis Kaplan last week, however, that they would not be presenting any defense. A day later, Trump whined about the case to reporters overseas, teasing that he would “probably” attend the trial and that he was returning to the United States early in order to “confront” Carroll, whom he called a “disgrace.”

Trump lawyer Joe Tacopina reportedly informed Judge Kaplan this would not be happening, but Kaplan still gave Trump a chance to speak at the trial, setting a Sunday evening deadline for his team to file the paperwork required for him to do so. The deadline came and went without said paperwork being filed, and Trump lost his chance to speak on his own behalf. Both sides delivered their closing arguments on Monday, and the jury is set to begin deliberating on Tuesday.

Trump has had every opportunity to defend himself in front of jurors, but he’s opted to stick to his Truth Social account — which has indeed gotten him into a little trouble with the court. Judge Kaplan told Tacopina last week that Trump may be “tampering with a new source of potential liability” by railing against Carroll on social media. The warning came hours after Trump called the allegations a “made up SCAM” and accused Carroll’s lawyer of being a “political operative.”

Carroll, a columnist who has written for Elle and other publications, accused Trump in 2019 of raping her in a department store dressing room in the mid-’90s. Trump bashed her repeatedly following the allegation, leading her to sue him for defamation. She filed another suit late last year, this one for battery, under New York’s recently enacted Adult Survivors Act. Trump has denied Carroll’s allegations, largely by claiming he would have never raped her because she is not his “type.” Video of Trump’s deposition released last week shows the former president mistaking Carroll for his second wife.

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