Global Courant 2023-04-26 01:55:47
E. Jean Carroll’s allegation that Donald Trump raped her was not a “he said, she said” dispute, said an attorney representing the writer when a civil trial over the former U.S. president’s conduct nearly three decades ago started.
Shawn Crowley, representing the former Elle magazine advice columnist, said during her opening statement on Tuesday that Trump “pushed Mrs. Carroll against the wall” and “pressed his lips against hers,” an account other witnesses were willing to verify.
“This is not a ‘he said, she said’ case,” Crowley said in federal court in Manhattan.
Joe Tacopina, a Trump attorney, countered in his opening statement that the evidence will show his client did not assault Carroll.
Tacopina also asked jurors to set aside their feelings about Trump, who has long inspired strong opinions from supporters and opponents across the political spectrum.
“You can hate Donald Trump. It’s fine… But there’s a time and a secret place for that. It’s called a ballot box in elections. It’s not here in a court,” Tacopina said. “No one is above the law, but no one is below it.”
‘Not my type’
Crowley and Tacopina spoke after U.S. District Judge Lewis Kaplan dropped nine jurors who will decide whether Trump raped Carroll in a department store locker room in the mid-1990s and then defamed her by denying it happened.
In an October 2022 post on his Truth Social platform, 76-year-old Trump had called Carroll’s rape claim a “hoax” and “complete scam”, said she made it up to promote her memoir, and stated that Carroll was “not my type was!”
However, during a sworn hearing in October, he mistakenly identified Carroll in a photo as his ex-wife Marla Maples.
Carroll, 79, is seeking unspecified damages for what she calls significant pain and suffering, lasting psychological harm and invasion of privacy.
She appealed to a new state law in New York that gives adult victims of sexual abuse a year to sue their alleged assailants, even if the statute of limitations has long since passed.
The process is expected to take one to two weeks. Trump’s lawyer will also provide an opening statement.
The current19:07Why E. Jean Carroll waited nearly 25 years to accuse Donald Trump of sexual assault
Warning over inflammatory statements
Carroll’s case is part of a slew of lawsuits and investigations facing Trump, the Republican front-runner in the 2024 presidential race. It can be politically damaging for witnesses to discuss his alleged sexual misconduct, all of which he denies.
The trial began the same day US President Joe Biden, a Democrat, said he would seek a second four-year term in the White House.
Trump has long aroused strong feelings among supporters and opponents across the political spectrum.
Before questioning the jurors began, Kaplan ordered Trump and Carroll’s attorneys to tell their clients and witnesses not to make statements that “incite violence or civil unrest.”
He asked potential jurors if they agreed with Trump that the 2020 presidential election was stolen, or thought the #MeToo movement — which Carroll inspired her to come forward — would undermine their impartiality. No one said they did.
Kaplan also keeps jurors anonymous from the public and lawyers, to protect them from potential harassment by Trump supporters, and even suggested that jurors not use their real names when talking to each other.
“If you’re normally a Bill and you’ve been selected for the jury or even before that, you can be John for a few days,” the judge told prospective jurors.
Trump not in court
Trump was not in the courthouse and was not required to attend the trial. Lawyers for both sides also said he was unlikely to testify.
The former president has repeatedly attacked Carroll and in personal terms has called her mentally ill ever since she first publicly accused him of rape in June 2019.
Carroll said her meeting with Trump at the Bergdorf Goodman store took place in late 1995 or early 1996.
Trump speaking at the National Rifle Association convention in Indianapolis on April 14. The former president denies raping Carroll and calls her allegation a “hoax.” (Michael Conroy/The Associated Press)
She said Trump recognized her, called her “that advice woman,” and asked for help buying another woman a gift.
Carroll said Trump then “maneuvered” her into a locker room and closed the door, pushed her against a wall, pulled down her tights and forced her inside. She said she broke free after two to three minutes.
Her witness list includes two friends she said she confided in after the attack: writer Lisa Birnbach and former news anchor Carol Martin. It also includes two other women who have accused Trump of sexual misconduct, allegations Trump also denies.
Jurors are also expected to hear a 2005 Access Hollywood tape of Trump making explicit, vulgar comments about women.
Trump’s lawyers could try to undermine Carroll’s credibility by noting that she didn’t call the police, was publicly silent for more than two decades, and can’t remember the date or even the month of the alleged assault.
Other legal issues facing Trump include the criminal prosecution of Manhattan District Attorney Alvin Bragg for hush money payments to a porn star.
Trump pleaded not guilty to those charges in a New York courtroom on April 4, a three-minute walk from Tuesday’s trial.
The former president also faces:
Civil fraud indictment by New York Attorney General Letitia James against his eponymous company. A criminal investigation into interference in Georgia’s 2020 presidential race. A criminal investigation into classified government documents recovered from his Mar-a-Lago residence. Investigating his role in the Jan 6 October 2021 attack on the US Capitol.
In all of these cases, Trump has denied wrongdoing.
Carroll is also suing Trump for defamation after he first rejected her rape claim in June 2019 while he was still president. That case remains pending with Kaplan.
