Trump
Is a No-Show
but Tacopina
Closes on
Carroll
Scheme, Access
Hollywood Tape
Cited
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 8 – During
the trial of
E. Jean
Carroll versus
Donald Trump,
both sides put
in exhibits,
but none were
made available
to the public
or press.
On
May 8, the
closing
argument were
given.
Carroll's lead
counsel
Roberta
Kaplan, who
had released
Trump's
deposition in
response to
Press requests
on May 5, took
less than the
expected two
hours (thread
here).
Trump's
lawyer Joe
Tacopina
argued that
Carroll, Lisa
Birnbach and
Carol Martin
had come up
with the story
in 2019
(though Martin
soon chafed at
it).
Michael
Ferrara, in
rebuttal,
emphasized
that Trump
hadn't
bothered to
show up,
leaving only
his deposition
and the Access
Hollywood
tape, which
Ferrara called
a confession.
The jury
charge is set
for May 9 at
10 am - then
deliberations.
Then, after
the verdict,
Inner City
Press' booklet
on the case.
Closings
thread here:
OK
- now Carroll
v. Trump
charging
conference.
Trump did not
file by Sunday
5 pm to
testify but
Inner City
Press did
file, for
access to all
defense
exhibits
All
rise! Judge
Kaplan: OK,
jury charge.
Objection
is made, and
sustained, to
inclusion of
phrase about
"ejaculate."
Then finance
and, Trump
Trump's lawyer
Brandt wants
reference to
financial
capacity out.
Judge Kaplan:
He called
himself a
"star."
Overruled.
Brandt:
The Law &
Order episode
should come
in, as we
briefed over
the weekend.
Judge
Kaplan: I read
your briefing,
Mr. Brandt, I
know you
didn't write
it and won't
get into who
did. It took
liberties with
the record.
During Mr.
Tacopina's
cross, I held
a sidebar
Judge
Kaplan: At the
sidebar, Mr.
Tacopina said,
So we are
offering that,
not of the
truth, but for
her response.
That is not
mentioned in
your brief -
not for the
truth of what
was said, but
only for Ms.
Carroll's
response to
that email. We
resumed
testimony
Judge
Kaplan: Then
Mr. Tacopina
showed Ms.
Carroll the
email chain, I
guess it is
called, two
emails on one
piece of
paper. Mr.
Tacopina said,
I offer it as
Defense Exh
CK.
[Note:
Inner City
Press has
requested,
again, all
defense
exhibits
Judge
Kaplan: It
would have
been helpful
if the
plaintiff's
brief had
acknowledged
that.
Carroll's
lawyer: I
think you
meant,
defendant, for
the
transcript.
Judge Kaplan:
Yes. Another
correction, I
said Jonathan
Swift several
hundred years
ago, it says
"seven"
Judge
Kaplan: My
high school
English
teacher will
be happy. This
concludes the
charging
conference.
Thank you for
being
prepared. I'll
see you when
we have the
jury.
Thread will
continue then.
Running to
other cases -
watch this
feed for the
closing
arguments.
They're
back. Judge
Kaplan: Bring
in the jury.
Jury entering!
Judge
Kapan: I hope
you enjoyed
this beautiful
weekend. We're
going to hear
closing
arguments now.
I anticipate
two hours, the
defendant a
bit more, then
a half hour
rebuttal.
We'll order
lunch early
Judge Kaplan:
Tomorrow
morning I'll
instruct you
on the law, 50
minutes or an
hour and ten
minutes,
something like
that - they
you'll get the
case. It
remains
important you
have no
contact with
the press or
social media.
Ms. Kaplan?
Carroll's
lawyer Roberta
Kaplan: I want
to begin with
what Mr.
Tacopina said,
No one is
above [or
below] the
law. Your job
is to uphold
that. Did you
notice what Mr
Trump said on
Truth Social
on Exh 4? He
insulted the
justice
system.
Counsel:
You haven't
heard much
from Donald
Trump in this
trial. He
said, She is
not my type.
He repeated
that in his
deposition.
But when
showed the
photo DJT 23
[deposition
played - Inner
City Press
filed to get
it released,
and did]
Counsel:
He pointed at
Ms. Carroll
and said
That's Marla,
my wife. This
is a photo of
E. Jean
Carroll. Their
hairdo was the
same. She was
exactly his
type. He
made up an
excuse. He
said it was
blurry. It is
not blurry
Now
Access
Hollywood tape
played: Grab
them by the
p*ssy.
Counsel: You
heard Jessica
Leeds and
Natasha
Stoynoff say
he did just
that to them.
With Ms
Carroll he, in
his words,
grabbed him by
the p*ssy.
[Now
deposition
about history
of a star can
do anything
played
Counsel:
He said it was
fortunate that
stars like him
can get away
with it. We
had 11
witnesses. On
the other
side? Only
Donald Trump.
He didn't even
bother to show
up here in
person. It's
not he said,
she said. It's
what Trump
said versus
all other
witnesses
Counsel:
Donald Trump
in this trial
is a witness
against
himself. Let
me give you an
example - the
doors of the
dressing rooms
at Bergdorf
Goodman were
not, as the
defense
claims, always
locked [Note:
Inner City
Press went to
Bergdorf,
video later
with booklet]
Counsel:
Ms. Carroll
can't specify
the date, but
she has all
the details.
She drove to
58th and 5th
Avenue. She
entered on the
58th Street
entrance.
Through that
door she saw
Donald Trump.
They
recognized
each other. He
was fairly
well known.
Counsel:
Trump called
E. Jean
Carroll, That
advice lady.
Donald Trump
loves to watch
TV. He saw her
on TV. He knew
her through
Roger Ailes.
Mr. Trump went
to the New
Jersey TV
studio where
Ms. Carroll
taped her show
Counsel:
This was
before
streaming and
YouTube. You
put the
channel on.
You might see
a few minutes
of the
previous show.
For Donald
Trump to see
himself on
Roger Ailes'
show, he may
have seen the
end of E. Jean
Carroll's show
[Now
playing Trump
depo where he
says he only
very rarely
went to
Bergdorf
Goodman. ]
Counsel: But
we had a
Bergdorf
employee
saying he saw
Donald Trump
there. It was
across the
street from
Trump Power.
Counsel:
You heard how
the escalators
in Bergdorf
Goodman are
walled, you
can't see out
to the floor
[Note - still
the case today
- Inner City
Press checked,
for the
forthcoming
booklet, photo
below
Counsel:
This was a
combination of
humor and
flirting. It
was a joke.
Like when Ms.
Carroll was a
writer for
SNL.
Tragically
things took a
dark turn.
Into the
dressing room,
the door
locked. She
asked herself
why she went
in. She feels
embarrassed
and stupid
Counsel:
At that time
Donald Trump
was known as a
playboy, a man
about town,
not a
predator. But
he pounced.
She pushed
back. She
weighed 120
pounds, he at
least 100
pounds more.
She tried to
hit him with
her purse.
Trump pinned
her and pulled
down her
tights
Counsel:
Trump grabbed
her by the
p*ssy or
v*gina, I
apologize for
my language.
Then he put
his p*nis in.
Afterward she
told Lisa
Birnbach and
Carol Martin.
Lisa told you
E. Jean was
hyperventilating.
Counsel: Both
Lisa Birnbach
and Carol
Martin told
you they
believed her
and believe
her to this
day. E. Jean
Carroll has
not had a
relationship
since. No
walking the
dog together.
No one to
watch TV with.
The public E.
Jean did not
show this
pain.
Counsel:
E. Jean
Carroll went
on a roadtrip;
news broke
about Harvey
Weinstein. She
conducted
interviews. It
was weeks
before she
decided to
include Donald
Trump in her
book. An
excerpt was
published in
New York
Magazine.
Trump did more
than deny it.
Counsel:
Trump attacked
her from the
White House,
calling her a
liar. She lost
her job at
Elle and the
trust of her
readers. She
started
sleeping with
a loaded gun
in her bed.
She filed a
lawsuit. But
that did not
stop him. In
October 2022,
Mr. Trump
2bled down
Counsel:
You heard from
expert Leslie
Lebowitz that
people
remember
traumatic
events in
strange ways -
some details
and not
others.
She told you
Ms. Carroll
suffered
self-blame.
Counsel:
Mr. Tapopina
tried to imply
there is
something
wrong with Ms.
Carroll having
tried to
continue on to
have a happy
life, to open
her Substack.
Why is Mr.
Trump trying
to blame Ms.
Carroll for
these things?
He argues that
a victim must
act like a
victim.
Counsel:
Trump in his
deposition
claimed that
Ms. Carroll
love it, said
she told
Anderson
Cooper it was
sexy.
[Deposition
played.]
Counsel:
E. Jean
actually said
that's how
rape is
portrayed in
popular
culture, in
Game of Throne
for example.
Counsel:
The witnesses
here have not
hatched any
conspiracy. If
there was a
conspiracy,
why would
Carol Martin
criticize E.
Jean Carroll,
in writing, to
a friend? You
heard Jessica
Leeds and
Natasha
Stoynoff. Leed
was assaulted
on an
airplane. She
told no one
Counsel:
In 2016, Leeds
saw Trump
running for
president,
deny he
assaulted
women.
Stoynoff, in
December 2005
had been in
Mar-a-Lago.
Trump used his
M.O., closed
the door and
pinned her
against the
wall. The
pattern is
clear
Counsel:
Trump says he
didn't shop at
Bergdorf. That
was a lie. He
said he didn't
meet Ms.
Carroll. That
was a lie. He
said she was
not his type -
but confused
her with Marla
Maples. He
lied and said
the
professionally
taken photo
was blurry. He
lied about
Ailes
Counsel:
He had
appeared with
Ailes on TV,
already
friends in
1995. Donald
Trump is
lying...
Tomorrow
morning Judge
Kaplan will
tell you about
the law. He
told you this
is not a
criminal case.
It is a civil
case. If he's
liable, he's
not going to
jail
Counsel:
The law allows
you to
compensate E.
Jean Carroll.
I'm not going
to tell you
how much. On
behalf of our
team and E.
Jean Carroll,
thank you.
Judge Kaplan:
Can I see Ms.
Kaplan and Mr.
Tacopina at
the
sidebar?
[Whispered
sidebar]
Judge
Kaplan:
Jurors, you
can start
lunch now.
We'll resume
at noon with
defense
closing.
They're
back.
Carroll's
lawyer: We've
reviewed the
slides for Mr.
Tacopina's
closing and
there's a
slide about
Mr. George
Conway --
Tacopina:
While you're
waiting for
the slide,
could I say
something?
Judge Kaplan:
I'd rather see
the slide
first.
Tacopina:
I do not
intend to
argue that Ms.
Kaplan is part
of a
Democratic
conspiracy. I
simply want to
say that Mr.
Conway
introduced Ms.
Carroll to an
attorney.
Carroll's
counsel: It's
obvious we're
the counsel.
Tacopina:
We'll take the
slide out.
Judge
Kaplan: So
much for the
45 minute
lunch break.
Get the jury.
Jury entering!
Judge Kaplan:
Mr Tacopina?
Tacopina: The
last hour and
a half was
hard for me to
listen, for
me. Ms Kaplan
is a fine
lawyer. But
she took
liberties.
We'll take a
journey to
justice
Tacopina:
People have
passionate
feeling about
Donald Trump,
either way.
But the court
is not the
place to
express it -
that's for the
ballot box. No
one's below
the law. If
you apply the
law to the
facts justice
will be served
- quickly.
Quickly.
Tacopina:
Ms. Carroll
has abused the
system. She
brought a case
for money, and
victimized
real rape
victims,
exploiting
their pain and
suffering. We
cannot let her
profit from
her abuse of
this process.
I'm going to
pull it all
together
Tacopina:
Ms. Kaplan
said *maybe*
Mr. Trump met
Ms. Carroll at
a TV studio in
New Jersey...
Or he saw a
re-run. Maybe
the door was
open.
I'm going to
play you his
denial:
[Deposition,
Trump: It
didn't happen.
If it had, it
would have
been reported
with
minutesTacopina:
Let's put up
Plaintiff's
Exhibit 12
[That
exhibit,
released after
Press request,
is below -
none of the
defense
exhibits have
been released,
nor
withholding
argued for by
the May 6
deadline
Tacopina:
How do you
prove a
negative? If
Donald Trump
had come, what
could I have
asked him?
About some
unknown date?
This is a
civil case.
They could
have called
Donald Trump.
But they
didn't. They
just want you
to hate him
enough
Tacopina:
Why did they
call Cande
Carroll - to
say, Dad told
us to smile?
It was all
meant to
distract you
from E. Jean
Carroll's
story. Those
other women
have nothing
to do it. They
have no legal
claim for you
to decide. Ms
Leeds says she
was assaulted
on a plane
Tacopina:
Ms. Leeds says
she didn't
tell her boss
because she
didn't want to
complain about
the rigors of
travel. Are
you kidding
me? She says
Donald Trump
called her
"the c*nt from
the airplane,"
in front of
his wife. She
was enraged in
front of her
TV
Tacopina:
Ms. Stoynoff,
I did ask her,
Do you have
anything for
this jury to
decide? How
many times did
they play the
Access
Hollywood tape
- five?
Donald
Trump said
women LET you
do it. Yes it
was crude. He
apologized for
it in the
debate with
Hillary
Clinton
Tacopina:
They are using
the Art of
Distraction.
They are
trying to take
parts of
Donald Trump
you hate and
stretch them
over her
story. If this
weren't about
Trump, we
wouldn't be
here today. No
way.
Tacopina:
Here's the
email about
the Law &
Order episode.
What does Ms.
Carroll say?
That this kind
of thing
happens all
the time. All
the time? Rape
in a lingerie
changing room
in Bergdorf
Goodman? Give
me a break.
Carroll's
lawyer:
Objection.
Your Honor,
you issued an
order about
this very
issue,
yesterday I
think -
Judge Kaplan:
Yesterday?
Carroll's
lawyer Roberta
Kaplan:
I
apologize, we
wrote about it
yesterday.
Judge
Kaplan: The
email about
the alleged
Law &
Order episode
was received
only for your
ability to
assess Ms.
Carroll's
response to
the
email.
Tacopina: OK.
The whole
story is an
unbelievable
work of
fiction. Ms.
Carroll used
that word,
Unbelievable.
Tacopina:
According to
Ms. Carroll,
the sixth
floor of
Bergdorf
Goodman was
like The
Walking Dead,
the tv show.
No one there
at all... I
come from
regular stock,
it offended me
when they said
sales clerks
cannot be
trusted to
follow the
rules.
Tacopina:
Ms. Carroll
had to reverse
engineer her
story. Then
there's the
physical
attack she
alleges. How
does Mr. Trump
unzip while
she is hitting
him with her
bag, in four
inch heels? So
they have a
hired gun,
Doctor
Lebowitz, $650
an hour. She
was not
credible
Tacopina:
Then there's
the camp
counselor. Dr.
Lebowitz has
no independent
knowledge.
Just a hired
gun.
Garbage in,
garbage
out. Ms.
Carroll never
told Dr
Lebowitz her
editor at Elle
loathed her
for selling
her excerpt to
NY Mag, not
them.
Tacopina:
Ms. Caroline
didn't tell Dr
Lebowitz she
was a "massive
fan," her
words, of The
Apprentice. Dr
Lebowitz gave
the example of
a Vietnam vet
who had a
reaction to
the smell of
Vietnamese
food. Ms.
Carroll, no
response. She
watches the
Apprentice.
Tacopina:
I asked her,
Did you joke
around about
having sex for
money with
Donald Trump?
She answered
yes, on
Facebook. Here
is Defense
Exhibit CU -
note: not a
single Defense
Exhibit has
been made
available, not
argument
offered
Tacopina:
Ms. Carroll
wrote under
her Facebook
post, DX CU,
Not taking off
the orange
jumpsuit until
Weinstein,
Spacey and
certain other
hideous men
are in jail.
Here is
Defense
Exhibit AW
[Carroll about
women down on
the border
getting raped
around the
clock.]
Tacopina:
There was no
border crisis
in the mid
1990s. You
know why she
didn't go the
police?
Because they
would have
investigated.
A civil case
is easy.
There's no
investigation.
Here, there's
no diary
entry. She
said, She only
writes about
ball to the
dog
Tacopina:
This was about
selling her
book. She
claimed she
didn't know
what a signing
bonus was-
that was just
wrong. She
swore to tell
you the truth,
and didn't.
She had a
watch party
for her
lawsuit, like
it was the NFL
draft. She
said status is
important to
her
Tacopina
plays the
Anderson
Cooper
interview, to
"we have to
take a break"
and "You're
fascinating to
talk to," then
tells jurors,
You decide
what that
means.
In this case,
most of her
crying was on
direct
examination
Tacopina:
I'm the father
of two
daughters. I
would never
tell a rape
victim what
she should do
- it's that
she asked
herself that
question,
about not
screaming. She
became a star.
After the CNN
interview she
told friends
that was
having a
wonderful
time.
Tacopina:
She said she
got her
revenge on
Elle with her
Substack, she
said "I'm
back, so long
Elle." Let's
consider their
reputational
harm expert,
not that she
matters. She
didn't even
weigh Ms.
Carroll's work
on her own
reputation.
She had a
political
motivation
Tacopina:
They took this
out of her
book, because
it went too
far: He's
trying to kill
me and poison
my air. I
asked her, Did
you write that
in your
initial draft?
It showed the
political
bias. She
wrote, Why
isn't a rape
allegation
worthy of
impeachment?
Tacopina:
Ms. Birnback
told you she
thinks Donald
Trump for what
he has done
politically
should be held
accountable.
So she's tried
to hold him
accountable,
E. Jean
Carroll's
given her the
opportunity.
Carol Martin
said she
wasn't even
asked to
remain silent.
Tacopina:
Here's another
exhibit-
[Shows it on
screen, has
not released
or tried to
justify] about
"Matthew Craig
referred me to
a lawyer
called Noam"
[Biale] and
that they have
to get
together."
Then they are
watching Trump
be elected, no
mention of
Trump &
rape
Tacopina:
Lisa Birnbach
said she
needed Ms
Carroll's
permission to
think about
it- is it
believable?
Then there's
the envelopes
with the blue
ribbons. Ms.
Birnbach said
she didn't
open or read
it because it
sounded heavy.
And she's a
writer. Does
that make
sense?
Tacopina:
So the NYT
reporter Megan
Twohey is
going to
interview the
two - Ms.
Carroll tells
them to say
they never
read the
chapter,
because it
might seem
they got the
story FROM the
chapter. Ms.
Carroll was
lying to you
about this too
Tacopina:
They were just
work friends
until the book
came out. But
we're supposed
to believe
that Ms.
Carroll called
Lisa Birnbach
and
essentially
dictated the
chapter from
her book, with
details like a
revolving door
and "you're
the advice
lady." Right.
Tacopina:
Ms. Carroll
never intended
to sue until
Mr Conway told
her to
seriously
think of suing
Donald Trump.
First she told
me, & you,
no. But from
her
deposition,
she said
"Wherever I
went, people
said, Are you
going to see
him," I said
no. Then
George said...
Carroll's
lawyer:
Objection.
Your Honor,
you issued an
order about
this very
issue,
yesterday I
think -
Judge Kaplan:
Yesterday?
Carroll's
lawyer Roberta
Kaplan:
I
apologize, we
wrote about it
yesterday.
Judge
Kaplan: The
email about
the alleged
Law &
Order episode
was received
only for your
ability to
assess Ms.
Carroll's
response to
the
email.
Tacopina: OK.
The whole
story is an
unbelievable
work of
fiction. Ms.
Carroll used
that word,
Unbelievable.
Tacopina:
According to
Ms. Carroll,
the sixth
floor of
Bergdorf
Goodman was
like The
Walking Dead,
the tv show.
No one there
at all... I
come from
regular stock,
it offended me
when they said
sales clerks
cannot be
trusted to
follow the
rules.
Tacopina:
Ms. Carroll
had to reverse
engineer her
story. Then
there's the
physical
attack she
alleges. How
does Mr. Trump
unzip while
she is hitting
him with her
bag, in four
inch heels? So
they have a
hired gun,
Doctor
Lebowitz, $650
an hour. She
was not
credible
Tacopina:
Then there's
the camp
counselor. Dr.
Lebowitz has
no independent
knowledge.
Just a hired
gun.
Garbage in,
garbage
out. Ms.
Carroll never
told Dr
Lebowitz her
editor at Elle
loathed her
for selling
her excerpt to
NY Mad, not
them.
Tacopina:
Ms. Caroline
didn't tell Dr
Lebowitz she
was a "massive
fan," her
words, of The
Apprentice. Dr
Lebowitz gave
the example of
a Vietnam vet
who had a
reaction to
the smell of
Vietnamese
food. Ms.
Carroll, no
response. She
watches the
Apprentice.
Tacopina: I asked her, Did you joke
around about having sex for money with Donald
Trump? She answered yes, on Facebook. Here is
Defense Exhibit CU - note: not a single
Defense Exhibit has been made available, not
argument offered
Tacopina: Ms. Carroll wrote under her Facebook
post, DX CU, Not taking off the orange
jumpsuit until Weinstein, Spacey and certain
other hideous men are in jail. Here is Defense
Exhibit AW [Carroll about women down on the
border getting raped around the clock.]
Tacopina: There was no border crisis in the
mid 1990s. You know why she didn't go the
police? Because they would have investigated.
A civil case is easy. There's no
investigation. Here, there's no diary
entry. She said, She only writes about ball to
the dog
Tacopina: This was about selling her
book. She claimed she didn't know what a
signing bonus was- that was just wrong. She
swore to tell you the truth, and didn't. She
had a watch party for her lawsuit, like it was
the NFL draft. She said status is important to
her
Tacopina plays the Anderson Cooper interview,
to "we have to take a break" and "You're
fascinating to talk to," then tells jurors,
You decide what that means. In this
case, most of her crying was on direct
examination
Tacopina: i"m the father of two
daughters. I would never tell a rape victim
what she should do - it's that she asked
herself that question, about not screaming.
She became a star. After the CNN interview she
told friends that was having a wonderful time.
Tacopina: She said she got her revenge
on Elle with her Substack, she said "I'm back,
so long Elle." Let's consider their
reputational harm expert, not that she
matters. She didn't even weigh Ms. Carroll's
work on her own reputation. She had a
political motivation
Tacopina: They took this out of her book,
because it went too far: He's trying to kill
me and poison my air. I asked her, Did you
write that in your initial draft? It showed
the political bias.
She wrote, Why isn't a rape allegation worthy
of impeachment?Tacopina: Ms. Birnback told you
she thinks Donald Trump for what he has done
politically should be held accountable. So
she's tried to hold him accountable, E. Jean
Carroll's given her the opportunity. Carol
Martin said she wasn't even asked to remain
silent.
Tacopina: Here's another exhibit- [Shows
it on screen, has not released or tried to
justify] about "Matthew Craig referred me to a
lawyer called Noam" [Biale] and that they have
to get together." Then they are watching Trump
be elected, no mention of Trump and rape
Tacopina: Lisa Birnbach said she needed Ms
Carroll's permission to think about it- is it
believable? Then there's the envelopes with
the blue ribbons. Ms. Birnbach said she didn't
open or read it because it sounded heavy. And
she's a writer. Does that make sense?
Tacopina: So the NYT reporter Megan Twohey is
going to interview the two - Ms. Carroll tells
them to say they never read the chapter,
because it might seem they got the story FROM
the chapter. Ms. Carroll was lying to you
about this too
Tacopina: They were just work friends until
the book came out. But we're supposed to
believe that Ms. Carroll called Lisa Birnbach
and essentially dictated the chapter from her
book, with details like a revolving door and
"you're the advice lady." Right.
Tacopina: Ms. Carroll never intended to
sue until Mr Conway told her to seriously
think of suing Donald Trump. First she told
me, & you, no. But from her deposition,
she said "Wherever I went, people said, Are
you going to see him," I said no. Then George
said...
Tacopina: Here is the scheming email
[schemail?], about Nambia. I asked Ms. Carroll
about this. She said she had no idea what it
was about. But she remembers from 27 years ago
revolving doors and hats. She says scheme
means plan. No it doesn't.
Tacopina: Let's try using that in a sentence.
Let's scheme to go get pizza. Let's scheme to
go to the Yankee game. It doesn't work. OK.
That's doesn't make sense.
Tacopina: Then when Ms. Martin knows
they'll be subpoened she write, no more texts
and chats until further notice. That's Cripp
[cryp?] talk. That's not how people who have
nothing to say talk. Now something lethal to
them - a message, trying to thread the needle.
Tacopina: Carol Martin to her friend, about E.
Jean Carroll: it's gone to another level,
she's going to sue T, WTF, I can't relate to
it. [Pause] Tacopina: That's it: game,
set and match.
Tacopina: Ms Carroll made this up, from
an episode of Law & Order. She brought Ms.
Birnbach and Ms. Martin along. They got in too
deep and couldn't get out. Folks, I'm
coming to an end. Let me show you a chart, a
timeline. Donald Trump is elected- then this
story
Tacopina: Ms. Carroll goes on her trip, writes
her book... Mid July 2019, George Conway
suggests litigation-- Carroll's counsel:
Objection! Judge Kaplan: Sustained. The jury
will disregard the sentence about Mr. Conway.
Tacopina: I only said- Judge: I've ruled
Carroll's counsel: Take down the slide.
Tacopina: We've removed it. Judge Kaplan: I
want to see what was removed. [Now slide back
up, jumping to November 2019 lawsuit Tacopina:
Then Ms. Martin's message about WTF, then
about getting together before her deposition
Tacopina: Let's go back to the beginning, 2012
Law and Order episode Carroll's counsel:
Objection! Judge Kaplan: Sustained. Tacopina:
That's her testimony. Judge Kaplan: That's
your version. Tacopina: I - Judge Kaplan: One
more word. Tacopina: OK. No evidence
Tacopina: The political hatred, it was clear
here. Rape WTF. Never referred to Donald Trump
as a rapist -- Carroll's counsel: Objection!
Judge Kaplan: Sustained
Tacopina: I'm sitting down. They have
the burden and they can't carry it. Facts are
stubborn things
Tacopina: E. Jean Carroll was not raped at
Bergdorf Goodman. And we know reality from
fiction. She is asking you to condemn another
citizen as a rapist, the worst thing you could
ever be called, on evidence that couldn't
stand up in any credible fact investigation
Tacopina: This is an absolutely
outrageous case. She had a political reason,
she desired status & sucked her friends
in. What about the rule of law? It's
everything for us. On the facts, this is your
courtroom. Just you. Not some journalist who
comes in for a day
Carroll's lawyer: Objection! Judge Kaplan:
Basis? Carroll's lawyer: Talking about
journalists, not in evidence Tacopina: I'm
summing up. Have the courage to do what's
right here. Thank you.
Judge
Kaplan:
Jurors, we'll
take 20
minutes.
[To lawyers:
"Remain"]
Jury
leaves. Judge
Kaplan: For
the draft
transcript.
Mr. Tacopina
said, WTF,
never said
"Trump is a
rapist" in
messages
- a new
slide was
projected to
the jury, a
red line from
the right to
the left. That
can't be in
the
transcript. I
want it in the
transcript
Judge
Kaplan: I want
the withdrawn
slide in the
transcript or
record.
Carroll's
counsel: We
may want to
amend the
instruction
based on what
was said.
Tacopina:
These slides
were given to
counsel with
the exact
things that
were shown to
the jurors. I
respect you-
Judge
Kaplan: The
quote you took
from the
testimony
omits the
lines before
that put it in
a different
light. What
page of the
transcript was
it from?
Tacopina: 575.
Judge Kaplan:
On 571, she
said she was
aware, she may
have meant
aware of the
email, not
episode
Roberta
Kaplan: We had
to look at the
thumb drive,
whatever you
call it, so
there was no
waiver. Break
is taking -
thread will
continue after
whatever is
left of the 20
minute break
before
rebuttal
They're
back. Judge
Kaplan: Let's
get the
jury.
Jury entering!
Judge Kaplan:
Mr. Ferrara?
Carroll's
lawyer Michael
Ferrara: You
heard Mr.
Tacopina say,
Who could you
call as a
witness? It's
a little late,
but... Donald
Trump. He
never looked
you in the eye
Ferrara:
Lisa Birnbach
and Carol
Martin are
journalists,
their careers
based on
trust. The
defense wants
you to believe
they lied.
They did not.
The defense
wants you to
believe that
other bad
things have
happened to
Ms. Carroll.
That's true
too.
Ferrara:
Let's look at
Ms. Martin's
email, it's
Plaintiff's
Exhibit 122.
[Note: This
was not among
the exhibits
plaintiff's
counsel put on
DropBox on May
5 - then
didn't filed
by May 6 at
noon to
justify
withholding
some exhibits
Ferrara:
You'll recall,
Ms. Carroll
published her
account in
2019. Mr.
Trump was
elected after
the Access
Hollywood
video. Why is
this
important?
America voted
for Trump
despite
hearing it. So
what about the
scheme? They
are so stupid
they need to
steal from
L&O?
Ferrara:
Why would
people turn
over damning
messages if
they were
willing to
perjure
themselves? So
these prove
nothing. Let's
step back. The
Trump team's
theory is that
three
intelligent
women based
their scheme
on an episode
of TV that 6
million people
have seen
Ferrara:
They could
have made up a
more private
place than a
department
store. They
could have
seen Ms.
Carroll
screamed. They
didn't. This
happened. If
Trump claims
he wasn't
there, why ask
why she didn't
scream? The
denials are
lies.
Ferrara:
If their
defenses
conflict with
each other, it
means they
have no
defense. We
have carried
our burden. If
someone
accused you of
rape and you
didn't do it,
you're run to
the courtroom.
Mr Trump
didn't come.
Ms. Carroll
was here
everyday
Ferrara:
Trump raped
Ms. Carroll
and didn't
want to
testify about
it. Mr.
Tacopina said
Garbage in,
Garbage out-
but Dr
Lebowitz, a
specialist,
*believed* Ms.
Carroll. Page
896. On Mr
Conway. Mr.
Tapopina
called him a
Democratic
party lawyer.
But he's a
Republican
Ferrara:
Ms. Carroll
said, it's not
about money,
it's about
getting my
name back. If
she was all
about the
money, why
would she tell
you she
wasn't? The
defense says
it's a lie
they didn't
read the book.
But they were
interviewed
together
Ferrara:
Let's talk
about the
Access
Hollywood
tape. I'm not
going to play
it again. But
Trump never
said it wasn't
true. It was a
confession. It
was not just
locker room
talk. I've
been in locker
room and I've
never heard
about
furniture
shopping. Go
to 25-T
Ferrara:
Trump said, "I
move on her
like a
B-I-T-C-H."
Like in
Bergdorf's,
shopping.
Grabs them by
their
genitals.
That's not
locker room
talk, when
Donald Trump
says it. He
did exactly
that.
Ferrara:
In their
version a
perfect rape
victim burns
whatever
clothes they
were working
and never
laughs again,
never tries to
hold their
rapist
accountable.
It's the
defense's out
of date view,
as wrong as it
is offensive.
3 Trump
victims told
you the same
thing
Ferrara:
Trump needs
you to believe
all these
people are
liars. He
needs to you
to believe
that he was
lying on the
Access
Hollywood
tape. There
wasn't even a
"He said."
Find him
liable. Thank
you.
Judge
Kaplan: 10 am
tomorrow,
instructions
and you get
the case
Judge
Kaplan:
Counsel,
remain.
Jury leaves.
Judge Kaplan:
Anything else
from counsel?
No? See you
tomorrow.
Watch
this site.
On May 4,
Inner City
Press filed a
written request
to Judge Louis
A. Kaplan,
copied to each
party,
requesting
that the
exhibit be
released, and
several
motions be
unsealed.
In court on
May 4, Judge
Kaplan
directed the
parties to
either release
the exhibits -
which
Carroll's
counsel said
she would do -
or file a
response into
the docket by
Saturday, May
6 at noon. He
said the Press
could reply by
Sunday, May 7
at 5pm.
On Friday May
5, Carroll's
counsel made
some but not
all exhibits
available to
the press on
DropBox,
including
portions of
her deposition
of Donald
Trump.
Inner
City Press published that on YouTube, it
was reported
for example here.
But the
defense didn't
provide any
exhibits nor
file a
response by
Saturday at
noon. And not
all of
Carroll's were
provided by
DropBox.
So
on Sunday, May
7 before 5 pm,
Inner City
Press filed this:
"Dear
Judge
Kaplan:
While during
the trial
defense
counsel
proffered and
introduced a
number of
Defense
Exhibits, none
were included
in what has
been made
available by
plaintiff's
counsel on
DropBox, which
consists of:
PX 1, 4, 11,
12, 13, 14,
15, 16, 19,
22, 24, 45,
46, 48, 51,
53, 57, 108,
108-T, 112,
112-T, 121 and
200
(deposition of
defendant, 48
minutes).
No
DX of any
kind.
Our
May 4 request
was for both
parties'
exhibits, as
well as the
sealed motions
we now
understand
will be
docketed upon
jury verdict
in this case.
So this filing
seeks an order
making all of
the
Defendant's
Exhibit
public.
These
include but
are not
limited to:
Defendant's
exhibit AA,
introduced by
Mr. Seigel
describing Ms.
Carroll saying
that Les
Moonves
graphically
sexually
assaulted her
on an
elevator, 162
of the
transcript,
lines 12
through
17;
Defense Exhbit
AY, introduced
by Mr.
Tacopina,
described as a
spreadsheet by
Cande Carroll;
also Defense
Exhibit BS;
Defense
Exhibit BT (it
was unclear if
it involved
pages 21, or
23, or
31);
Defense
Exhibit AJ,
described as a
text message
involving Lisa
Birnbach and
Megan Twohey;
Defense
Exhibit ER,
described as
Carol Martin
telling a
friend that
Ms. Carroll
intended to
sue Donald
Trump for
rape, that
"it's gone to
another level"
and that for
Ms. Carroll
"this quest
has become a
life
style."
As
to seemingly
not-yet-released
Plaintiff's
Exhibits,
there appeared
to be an
Exhibit 52, in
which a person
referred to as
Steph
reportedly
said, You're
going to get
hurt; Exhibit
31 and 31-T,
Exhibit 17;
these were not
on DropBox.
These exhibits
should be
ordered
released,
including the
Defense
Exhibits.
Again -- upon
a verdict if
not before -
the sealed
motions and
briefs should
be docketed
and redacted
only as
strictly
necessary; a
copy of any
transcript of
the sealed
April 27, 2023
proceeding
should
similarly be
docketed, with
any necessary
redactions."
More
on Substack here.
Watch
this
site.
***
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