Trump
Appeal after
Carroll Trial Puts
Access Hollywood
Not as Propensity
But Confession
By Matthew Russell
Lee Patreon Book
Substack
SDNY
COURTHOUSE,
Sept 6 – After the
verdict against Donald Trump
for $83.3 million in mostly
punitive damages to E. Jean
Carroll, Trump's lawyer wrote
to the judge that "defense
counsel learned for the first
time of allegations that Your
Honor, while a partner at the
Paul Weiss firm, had a
“mentor” type relationship
with Plaintiff’s lead counsel,
Roberta Kaplan."
On
September 6 when the appeal
was heard - Inner City Press
live tweeted it, below --
Roberta Kaplan told the three
judges of the Second Circuit
that Judge Kaplan was not her
mentor. Thread:
All rise! Judge:
You may proceed. Trump's
lawyer: This case is a
textbook example of
implausible allegations being
propped up by inflamatory
claims. The plaintiff has a
political story, funded by
President Trump's enemies
Judge: We defer on factual
issues
Trump's lawyer:
The Access Hollywood tape
should never had come in -
Judge: In some cases,
propensity evidence is
allowed. Trump's lawyer: But
not here. Judge: If defendant
put his hand up her skirt, why
wouldn't that qualify? Trump's
lawyer: Look at Rogers
case
Judge: Is there
anything about the Third
Circuit's understanding you
would have us depart from?
Trump's lawyer: There are a
lot of 3d Circuit
cases... Look at the
Stoynoff, I mean Leeds,
testimony-
Judge: You're
speaking too fast.
Trump's lawyer:
Your honor, I see that my time
is expiring [It's 10:10 am]
Judge: We'll hear from you on
rebuttal. Ms. Kaplan? Roberta
Kaplan for E. Jean Carroll:
Judge Perez, you don't have to
decide the jurisdictional
question here. There was a
statute in 1979
Roberta Kaplan:
Judge Kaplan has a lot of
experience - he is neither
related to me nor is he my
mentor. Donald Trump assaulted
E. Jean Carroll and the
defamed her. We called 11
witnesses. Ms. Carroll said,
When you are not a screamer,
you wouldn't scream
Judge: What about
Congress? Roberta Kaplan:
Susan Molinari of Staten
Island was involved - this was
an attempt at sexual conduct.
Judge Kaplan found a cross
reference to knowingly using
force, breast or inner thigh.
My adversary says, Not a crime
in 1979
Judge: I thought
your opponent said the
predecessor crimes was rape-
Roberta Kaplan: Not, simple
assault. On an airplane, the
defendant touched, I'm sorry,
her tush. Mr. Trump didn't
lead Ms. Leeds into a private
area. But he said the same
thing about all three
Roberta Kaplan:
We had a psychological witness
who said she believed Ms.
Carroll. Judge: That
witness heard a report, rather
than witnessed anything. 2d
Judge: You could lose all the
propensity evidence and still
win? Kaplan: Access Hollywood
was an admission
Roberta Kaplan:
Mr. Trump is here today. He
could have taken the stand. He
did not put on a single
witness. So we put in the
Access Hollywood tape, he
said, I grab women by the
p*ssy Judge: Thank you for
your time.
Trump's lawyer
(rebuttal): You have to find
that it did not influence the
jury. You can't, with a
straight face. The outcry
witnesses were prejudiced,
calling Mr. Trump herpes you
can't get rid of. Judge: Isn't
the Access Hollywood tape a
confession?
Trump's lawyer:
That's not how they used it.
Judge: Your time has expired.
We'll take this under
advisement
More, including
predication, on X for
Subscribers here and Substack
here
Back on January
29 a very first book was
published about the trial and
what it might mean:
"Trump Trial II:
Punitive Damages and Vow to
Appeal: From the SDNY Trial to
the 2024 Trail," by Matthew
Russell Lee - Ebook here (with audiobook and
paperback ).
***
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