Trump to Face Trial in E. Jean Carroll Defamation Case

A federal jury in New York will be convened this week to determine how much money former President Donald Trump must pay the writer E. Jean Carroll for comments he made in 2019 denying he sexually assaulted her.

The trial, set to get underway Tuesday, is the second related to Carroll's allegations and Trump's subsequent denials. In May 2023, a jury found Trump liable for sexual abuse and defamation in a separate case, awarding Carroll $5 million in damages. That case focused on comments Trump made about Carroll in 2022, when he denied the abuse and called Carroll's claim a "con job" and "hoax."

The current case is centered on different comments Trump made in 2019, remarks the judge has already ruled were defamatory. The trial will be focused solely on the damages Carroll should be awarded. Her attorneys are seeking $10 million for reputational harm, as well as other unspecified punitive damages.

The former president, fresh off his victory in the Iowa caucuses, is expected to be on hand for the start of the trial in New York on Tuesday.

What is Trump accused of?

In June 2019, a story was published alleging that Trump attacked the author in a department store in New York City in the mid-1990s. The author claimed that after walking through the store together and engaging in playful banter, Trump cornered her in a dressing room stall and sexually assaulted her with his fingers. She managed to free herself and left, telling two of her friends soon after.

After the story was published, Trump denied the allegations on several occasions, saying they were "totally false" and claiming he had never met the author. The author sued him for defamation in response in November 2019.

The case stalled in court while Trump was president. The Justice Department initially defended Trump, unsuccessfully arguing he was shielded from liability by federal law since he was acting as a federal employee when he made his comments.

The author filed a second defamation suit in 2022, shortly after Trump reiterated his denial. The author's team also added the claim of rape under New York's Adult Survivors Act, which briefly removed the statute of limitations for such allegations.

The jury unanimously sided with the author in finding Trump liable for sexual abuse and defamation, but ruled he was not liable for rape. While the case took place in federal court, it was considered under the New York penal code, which only considers an attack "rape" if a person forces his genitals into another person.

On multiple occasions since, the judge in the case, Lewis Kaplan, has written that the abuse was rape in "common modern parlance," if not under the strict interpretation of the state's penal code.

In September, a ruling was made that Trump was liable for defamation in the case going to trial on Tuesday. It was determined that Trump's statements painting Carroll as a liar were defamatory, as she was able to prove she was sexually abused under state law.

Following the jury's decision, Trump made additional statements denying the allegations and claiming he didn't know Carroll. As a result, Carroll amended her original lawsuit to request extra damages.

Last July, the Justice Department announced that it would no longer defend Trump in court, stating that "sexual assault was obviously not job-related."

Will Trump Testify?

Trump is listed as a witness for the defense. While it is not mandatory for him to testify, the judge has indicated that if he chooses to do so, he can testify on Monday, Jan. 22, the day before the New Hampshire primary.

In a trial related to damages, testimony typically focuses on issues such as net worth and earnings, rather than reestablishing the facts of the case, which in this instance are that sexual abuse occurred and defamatory statements were made.

On Jan. 9, the judge issued an order that restricts Trump and his team from making certain statements they have previously used in their defense. They are not allowed to deny the occurrence of sexual abuse or claim that Trump believed his statements were true. Additionally, Trump cannot comment on Carroll's past romantic relationships.

Furthermore, there are limitations on the questions that can be asked to Carroll's attorney, Roberta Kaplan, and the person who funded her legal battle, Democratic megadonor Reid Hoffman. Trump's legal team is also prohibited from bringing up the absence of DNA evidence in the case, which Kaplan has argued is Trump's responsibility to provide, not Carroll's.

Carroll's lawyers have argued that in order for Trump to testify, he must first swear under oath that he assaulted Carroll and lied, a stance that Trump's lawyers have disputed.

Trump's lawyer, Alina Habba, responded to the court's restrictions on his testimony by stating that "President Trump cannot and should not be compelled to testify under oath in any specific affirmative manner."

"We assume that this is not a court of law in a developing country where a party in a lawsuit is forced to say what a court and the opposing party want them to say," Habba wrote in a filing.

What is the expected duration of the trial?

The trial in Manhattan is anticipated to last two to three days, with a potential fourth day if Trump decides to testify towards the end of the proceedings. Although not mandatory, Trump is expected to be present during the trial, at least on Tuesday, despite his absence from the previous trial in the same courtroom last May.

Last week, the defendant's legal team requested a trial delay due to the defendant's need to attend a family funeral. The judge, however, denied the request, citing the potential disruption and inconvenience it would cause to various parties involved in the trial.

On a later date, the judge offered to extend the trial to accommodate the defendant's testimony. The defendant is set to testify on January 22, just a day before an important political event.

During the trial, the plaintiff's legal team will present much of the same evidence and call some of the same witnesses as in a previous trial. These witnesses include friends whom the plaintiff initially confided in about the assault, as well as two other women who have made similar allegations against the defendant. The defense has also stated their intention to reference the well-known Access Hollywood tape and portions of the defendant's pretrial deposition.