Live updates: E. Jean Carroll defamation trial against Donald Trump | CNN Politics

E. Jean Carroll defamation trial against Donald Trump

By Lauren del Valle, Kara Scannell, Greg Krieg and Dan Berman, CNN

Updated 4:36 PM EST, Mon January 22, 2024

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'Flattered' and 'bizarre': George Conway on his name being mentioned in Trump case

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'Flattered' and 'bizarre': George Conway on his name being mentioned in Trump case

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What we covered here

Trump on trial: Court is canceled today for the trial that will decide how much money in damages Donald Trump must pay E. Jean Carroll after the judge sent a sick juror home. Both Trump and Carroll were in the courtroom when the cancellation was announced.
Last week: On Thursday, the jury heard an expert witness testify it could cost up to $12.1 million to repair her reputation with those who likely believed the former president. Trump has been splitting his time between the campaign trail and the courtroom.
About the case: Carroll, a former magazine columnist, alleged Trump raped her in a Bergdorf Goodman department store in the mid-1990s and then defamed her when he denied her claim. In a separate trial last year, a civil jury found Trump sexually assaulted Carroll and defamed her in 2022 statements, and the judge previously ruled that verdict would carry over to this defamation trial.

Our live coverage has ended. Scroll through the posts below to see how the day played out.

14 Posts

No court Tuesday in Trump’s civil defamation trial

There will be no court Tuesday in E. Jean Carroll’s civil defamation trial against Donald Trump, according to court official Joseph Pecorino.

Court is adjourned until Wednesday at 9:30 a.m. ET.

The trial was adjourned Monday morning after Judge Lewis Kaplan sent home a sick juror.

Today's court proceedings are already over. Here's what happened this morning

Donald Trump and E. Jean Carroll.

Donald Trump and E. Jean Carroll.

AFP via Getty Images/Reuters

If you’re just joining us, court has been cancelled today in the civil defamation trial involving E. Jean Carroll and Donald Trump after the judge overseeing the case sent home a sick juror.

Both E. Jean Carroll and Donald Trump were present in court, with Trump hoping to testify.

Here’s a brief timeline of how the morning went:

E. Jean Carroll arrived at court alongside her attorney Roberta Kaplan to supporters chanting “we’ve got your back E. Jean.”
Trump arrived in his motorcade at Manhattan federal court, too.
As the day was set to get underway, court was adjourned after a juror said they were sick.
Judge Kaplan offered to proceed with eight jurors, which Carroll’s team said would be fine, but Trump’s attorney, Alina Habba, asked for an adjournment.
Habba was separately feeling unwell, but tested negative to Covid-19 this morning. She told the court that Trump was planning on to testifying today, but he can’t be in court on Tuesday because of the New Hampshire primary.
Habba asked that the former president testify Wednesday instead. Judge Lewis Kaplan has not yet responded to that request.

Judge denies Trump's latest mistrial motion

From CNN's Lauren del Valle and Kara Scannell

Former President Donald Trump speaks at a press conference in New York on January 17.

Former President Donald Trump speaks at a press conference in New York on January 17.

Alexi J. Rosenfeld/Getty Images

Judge Lewis Kaplan announced in court Monday that he will reject former President Donald Trump’s latest motion for a mistrial.

Trump’s attorney Alina Habba asked for a mistrial last week in the middle of a cross-examination of E. Jean Carroll when Carroll testified that she had deleted some emails containing threats to her safety. It was promptly rejected by the judge.

In a letter to Kaplan on Friday, Habba reiterated the request and said that without the records, there is no way to prove when the threats occurred.

Trump has argued that Carroll immediately began receiving negative messages after an excerpt of Carroll’s book containing the assault allegations was published on New York magazine’s website – hours before Trump issued his first statement. His attorneys argued Trump shouldn’t be held responsible for what other people did.

Kaplan on Monday denied the request and said he would put a written ruling on the docket.

Trump plans to testify, his lawyer says

From CNN's Lauren del Valle and Kara Scannell

Alina Habba exits Manhattan Federal Court on Thursday.

Alina Habba exits Manhattan Federal Court on Thursday.

Eduardo Munoz/Reuters

Trump attorney Alina Habba told the judge that the former president plans to testify in the trial, but he cannot be in court on Tuesday because of the New Hampshire primary.

She asked that he testify Wednesday.

“I’m not going to decide right now,” Judge Lewis Kaplan responded.

Court is adjourned today due to a sick juror

From CNN's Lauren del Valle and Kara Scannell

Court has been cancelled today in the civil defamation trial involving E. Jean Carroll and Donald Trump after the judge overseeing the case sent home a sick juror.

Both Trump and Carroll were in the courtroom when the adjournment was announced by Judge Lewis Kaplan. There are nine jurors in the trial — seven men, two women — but no alternates.

Kaplan also confirmed that Alina Habba and Michael Madaio tested negative for Covid-19 in court this morning. They took Covid tests because Habba said she had dinner with her parents three days ago and now they have Covid. Habba said she had a fever and isn’t feeling well, though she has not tested positive.

Habba did not appear to be wearing a mask. Trump was sitting next to her in the courtroom.

Judge Kaplan offered to proceed with eight jurors which Carroll’s team said would be fine, but Habba asked for an adjournment.

Kaplan brought in the eight jurors now to instruct them and court is dismissed for the day.

The judge sparred with Trump's lawyers last week

From CNN's Jeremy Herb, Lauren del Valle and Kara Scannell

Former Donald Trump is admonished by Judge Lewis Kaplan in Federal Court on Wednesday.

Former Donald Trump is admonished by Judge Lewis Kaplan in Federal Court on Wednesday.

Elizabeth Williams via AP

It was not just Donald Trump — his lawyers also got into several disputes with Judge Lewis Kaplan, including when they asked Kaplan to recuse himself after the exchange about possibly removing the former president from the courtroom.

Trump attorney Michael Madaio cited a “general hostility” toward Trump and his lawyers.

“Denied,” Kaplan said in response.

On Wednesday, Kaplan told Alina Habba to sit down after she tried yet again to get Kaplan to postpone the trial on Thursday so Trump could attend his mother-in-law’s funeral.

“I will hear no further argument on it. None. Do you understand that word? None. Please sit down,” Kaplan said.

“I don’t like to be spoken to that way,” Habba responded.

When Habba began her cross-examination of Carroll, the judge quickly interjected, admonishing the lawyer for raising an excerpt of Carroll’s 2022 deposition when he did not have a copy or know what lines Habba wanted to read from.

“Now look, Ms. Habba,” Kaplan said as Habba began to read from the transcript. “We’re going to do it my way in this courtroom, and that’s all there is to it.”

After Habba began reading from harassing messages Carroll received in 2019, before the messages had been entered into evidence, Kaplan called for a trial recess. “You should refresh your memory about how it is you get a document into evidence,” Kaplan said to her after the jury had left the courtroom.

Remember: Kaplan showed little patience for procedural missteps on either side, telling Carroll’s attorney at one point they could not see exhibits ahead of time to scan for potential redactions. “When the document is authenticated and offered that’s when you say objection and that’s when we deal with it,” Kaplan said.

Trump motorcade arrives at Manhattan federal court

From CNN's Jeff Winter

Donald Trump’s motorcade has now arrived at the Manhattan federal court where the civil defamation trial to determine how much in damages, if any, he owes former magazine columnist E. Jean Carroll, is expected to get underway at 9:30 a.m. ET.

The former president has said publicly he wants to take the stand in this case, but it is not clear if he will testify.

E. Jean Carroll arrives at court to supporters chanting "we've got your back E. Jean"

E. Jean Carroll arrives at Manhattan Federal Court in New York on Monday.

E. Jean Carroll arrives at Manhattan Federal Court in New York on Monday.

Angela Weiss/AFP via Getty Images

E. Jean Carroll has arrived to a Manhattan federal courthouse where her attorneys will continue to present their case in a civil trial to determine what damages, if any, former President Donald Trump owes her for his 2019 defamatory statements about her sex assault allegations.

A small crowd of supporters shouted in part “we’ve got your back E. Jean” as she entered.

Carroll turned at one point to wave and acknowledge them.

She arrived alongside her attorney Roberta Kaplan.

Some of the the legal jargon you may see today, put simply

From CNN's Antoinette Radford

You’re going to see a lot of legal terms on our page today, so here’s a quick explainer of the key terms:

Plaintiff: A plaintiff is the person who brings charges against another person in court. In today’s case, E. Jean Carroll is the plaintiff, as she is bringing the defamation charges against Trump.
Defendant: The defendant is the person who is accused of the charge. Donald Trump is the defendant today.
Preponderance of evidence: The preponderance of evidence is the standard a jury must use to find a person liable of a civil charge. The preponderance of evidence standard means the plaintiff’s legal team must prove that an allegation is more likely true, than false. It’s a lower standard than what’s required in criminal trials.
Evidentiary standard: This is the amount of evidence each party must produce to either prove or defeat the claims they are alleging.
Punitive damages: These damages are supposed to be awarded when the defendant not only hurt the plaintiff, but did so in a way that expressed disdain or contempt for the plaintiff.

This is what E. Jean Carroll needs to show to be successful in her defamation trial against Trump

From CNN's Jeremy Herb, Lauren del Valle and Kara Scannell

E. Jean Carroll arrives at the Manhattan Federal Court on Wednesday.

E. Jean Carroll arrives at the Manhattan Federal Court on Wednesday.

Ted Shaffrey/AP

Former magazine columnist E. Jean Carroll is seeking over $10 million in damages from Donald Trump over statements he made when he was president in 2019.

But, to be successful she has to prove that she is entitled to damages by a preponderance of the evidence, a standard used in civil cases that’s lower than what’s required in criminal trials.

The judge presiding over the case, Lewis Kaplan, explained what preponderance of the evidence meant to the jury after it was sworn in last week.

For Carroll, that means she has to convince the jury that Trump’s statements after she went public with her allegations that he sexually assaulted her shattered her reputation and led to the onslaught of threatening messages.

Trump is expected to be in court when the trial resumes Monday.

Donald Trump leaves Trump Tower for Manhattan federal court

Donald Trump’s motorcade has departed Trump Tower and is now en route to Manhattan federal court where he will voluntarily attend a civil trial to decide how much money in damages, if any, the former president must pay E. Jean Carroll for his 2019 defamatory statements about her sexual assault allegations.

He is expected back in New Hampshire this evening for a campaign rally on the eve of the primary.

This will be Trump’s third to the courtroom visit during this trial. E Jean. Carroll’s team is still presenting their case.

Trump renews motion for mistrial of defamation case brought by E. Jean Carroll

From CNN’s Kara Scannell

Donald Trump and E. Jean Carroll.

Donald Trump and E. Jean Carroll.

Getty Images

Former President Donald Trump renewed his motion for a mistrial of the defamation case brought by former magazine columnist E. Jean Carroll after she acknowledged deleting some emails.

Trump’s attorney Alina Habba asked for a mistrial last week in the middle of a cross-examination of Carroll when Carroll testified that she had deleted some emails containing threats to her safety. It was promptly rejected by the judge.

In a letter to Judge Lewis Kaplan on Friday, Habba reiterated the request and said without the records there is no way to prove when the threats occurred. Trump has argued that Carroll immediately began receiving negative messages after an excerpt of Carroll’s book containing the assault allegations was published on New York magazine’s website – hours before Trump issued his first statement. His attorneys argued Trump shouldn’t be held responsible for what other people did.

Habba said if the judge does not grant her request for a mistrial, he should not allow Carroll to seek damages based on death threats.

“Plaintiff’s entire claim for emotional harm is undermined because it would show that Plaintiff was receiving death threats before President Trump ever spoke about her,” Habba wrote.

Habba is also requesting the judge instruct the jury that since Carroll deleted emails they should “presume that the electronic mail messages were unfavorable” and therefore not supportive to Carroll’s claims.

How Trump responded when the judge threatened to throw him out of the courtroom

From CNN's Jeremy Herb, Lauren del Valle and Kara Scannell

Former President Donald Trump sits with arms folded beside his attorney Alina Habba in the Manhattan Federal Court on Wednesday.

Former President Donald Trump sits with arms folded beside his attorney Alina Habba in the Manhattan Federal Court on Wednesday.

Elizabeth Williams via AP

Donald Trump clashed in court last week with yet another judge overseeing one of his trials, after the judge in his civil defamation case threatened to remove the former president for making comments that could be overheard by the jury while his accuser was testifying.

E. Jean Carroll’s attorney Shawn Crowley complained about Trump’s audible commentary, and Judge Lewis Kaplan he told Trump to “take special care” to keep his voice down while speaking to his attorneys so he could not be heard by the jury.

Crowley said again Trump could still be heard – saying things like, “It is a witch hunt” and “it really is a con job.”

Kaplan responded that Trump “has the right to be present here” but said “that right can be forfeited and it can be forfeited if he is disruptive,” noting he has the right to throw him out if that happens. Trump threw his hands up in response, and Kaplan said, “I understand you’re probably eager for me to do that.”

Why does it matter: The exchange with Kaplan was merely the latest in a string of Trump’s in-court fights during two civil trials in New York over the past several months, episodes that offer a preview of what’s to come if any of the former president’s criminal trials are held this year as he runs for president.

Catch up: Here's what E. Jean Carroll said in her testimony during the Trump defamation trial

From CNN's Jeremy Herb, Lauren del Valle and Kara Scannell

E. Jean Carroll is questioned on the stand at the Manhattan Federal Court in New York on Thursday.

E. Jean Carroll is questioned on the stand at the Manhattan Federal Court in New York on Thursday.

Jane Rosenberg/Reuters

The trial that will decide how much money in damages Donald Trump must pay E. Jean Carroll resumes later this morning.

Carroll in her testimony last week recounted how Trump’s 2019 statements about her led to threatening messages and upended her sense of safety.

The attacks started “instantaneously,” Carroll said as she described several safety precautions she’s taken out of fear due to the threatening messages, including hiring security at both trials and keeping a gun at her bedside. “I bought bullets for the gun I had inherited from my father,” Carroll said.

Carroll’s voice broke as she described another violent message she received after the trial last year.

She said she was attacked on Twitter, Facebook, on new blogs and messages. “As I said, it was a new world. I had left the world of facts, a lovely world, and I was living in a new universe,” she said.

During cross-examination, Carroll testified there were about five hours between when her 2019 story published and when Trump made a statement denying the allegations, in response to questioning from Trump’s attorney Alina Habba. Carroll confirmed she received harassing social media messages before Trump made any statements.

Habba also pressed Carroll about deleting or removing the threatening messages when she received them, making a motion for a mistrial because of the deleted messages, which was promptly denied by Kaplan. Habba argued in her opening statement last week that Carroll’s story fueled the harassment, not Trump’s denials.