E. Jean Carroll exits the New York Federal Court after former president Donald Trump appeared in court on Sept. 6 in New York.Eduardo Munoz Alvarez/The Associated Press
Veering from the campaign trail to a courtroom, Donald Trump quietly observed Friday as his lawyer fought to overturn a verdict finding the former president liable for sexual abuse and defamation.
The Republican nominee and his accuser, E. Jean Carroll, a writer, sat at tables about 15 feet (4.5 meters) apart, in a Manhattan federal appeals court. Trump didn’t acknowledge or look at Carroll as he passed directly in front of her on the way in and out, but he sometimes shook his head, including when Carroll’s attorney said he sexually attacked her.
Trump attorney D. John Sauer told three 2nd U.S. Circuit Court of Appeals judges that the civil trial in Carroll’s lawsuit was muddied by improper evidence.
“This case is a textbook example of implausible allegations being propped up by highly inflammatory, inadmissible” evidence, Sauer said, noting that jurors saw the infamous “Access Hollywood” tape in which Trump boasted in 2005 about grabbing women’s genitals because when someone is a star, “you can do anything.”
Carroll’s lawyer, Roberta Kaplan, told judges the evidence in question was proper, and that there was plenty of proof in the nearly two-week-long trial of Carroll’s claim that Trump attacked her in a luxury department store dressing room decades ago. She said the “Access Hollywood” tape, as the trial judge had noted, could be viewed as a confession.
“E. Jean Carroll brought this case because Donald Trump sexually assaulted her in 1996, in a dressing room at Bergdorf Goodman, and then defamed her in 2022 by claiming that she was crazy and made the whole thing up,” Kaplan said.
Carroll, standing with Kaplan outside the courthouse afterward, declined to comment.
Trump left court in a motorcade, then delivered a lengthy diatribe against the case at Trump Tower, where he said again that Carroll – and other women who had accused him of sexual assault – were making everything up.
“It’s so false. It’s a made up, fabricated story by somebody, I think, initially, just looking to promote a book,” Trump said. Carroll first spoke publicly about her encounter with Trump in a newly published memoir in 2019.
In remarks to reporters Friday, Trump repeated many claims about Carroll that a jury has already deemed defamatory, and added some new ones, like suggesting that a photograph of him and Carroll together in 1987 was produced by artificial intelligence. It was unclear whether his comments could lead to a new defamation lawsuit by Carroll.
“I’ve said before and I’ll say it again: all options are on the table,” Kaplan said after Trump’s news conference.
The three-judge panel, if it follows the pattern of other appeals, would be unlikely to rule for weeks, if not months.
A jury found in May 2023 that Trump sexually abused Carroll. He denies it. That jury awarded Carroll $5 million.
Trump did not attend the trial and has expressed regret that he was not there.
The civil case has political and financial implications for Trump.
Vice President Kamala Harris, the Democratic presidential nominee, has jabbed at Trump over the jury’s verdict, noting repeatedly that he had been found liable for sexual abuse.
And last January, a second jury awarded Carroll another $83.3 million in damages for comments Trump had made about her while he was president, finding that they were defamatory. That jury had been instructed by the judge to accept the first jury’s finding that Trump had sexually abused Carroll.
Trump, 78, testified less than three minutes at the second trial and was not permitted to refute conclusions reached by the May 2023 jury. Still, he was animated in the courtroom throughout the two-week trial, and jurors could hear him grumbling about the case.
The appeal of that trial’s outcome will be heard by the appeals court at a later date.
Carroll, 80, testified during both trials that her life as an Elle magazine columnist was spoiled by Trump’s public comments, which she said ignited such hate against her that she received death threats and feared going outside the upstate New York cabin where she lives.
The Associated Press does not identify people who say they have been sexually assaulted unless they come forward publicly, as Carroll has done.
During Friday’s arguments, Trump’s attorney said testimony from witnesses who said Carroll told them about the 1996 encounter with Trump immediately afterward was improper because the witnesses had “egregious bias” against Trump.
Sauer also attacked the trial judge’s decision to let two other women testify about similar acts of sex abuse they say Trump committed against them in the 1970s and in 2005. Trump denies those allegations too.
Kaplan said that in each instance of sex abuse, including one that occurred on an airplane, Trump followed a similar pattern in which he would engage in “pleasant chatting” bordering on flirtation and then “all of a sudden out of nowhere, he would, for lack of a better term your honour, pounce.”
She added: “Once these three brave women came forward and said what had happened to them, he said the same thing about all three of them.”
Perhaps foreshadowing the eventual decision, Circuit Judge Denny Chin warned Sauer that the 2nd Circuit generally gives “great deference” to lower court judges on evidentiary issues.
“It’s very hard to overturn a jury verdict based on evidentiary rulings,” Chin said.