Trump
Loses Appeal of
Carroll Trial as
Access Hollywood
Put As Confession
Not Propensity
By Matthew Russell
Lee Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 30 – 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. From the thread:
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
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
On December 30,
in a 77 page per curiam
decision, the Second Circuit
upheld the verdicts: "we
conclude that Mr. Trump has
not demonstrated that the
district court erred in any of
the challenged rulings.
Further, he has not carried
his burden to show that any
claimed error or combination
of claimed errors affected his
substantial rights as required
to warrant a new trial.
Accordingly, and for the
reasons set forth more fully
below, we AFFIRM the judgment
of the district court."
More on 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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