The trial in E. Jean Carroll’s latest civil case against Donald Trump is set to resume on Monday, potentially marking the first time the former president testifies in open court in this defamation case.
A nine-person jury is currently examining evidence to determine the extent of Trump’s liability for defaming Carroll in June 2019. At that time, Trump denied raping her in the mid-1990s in a Bergdorf Goodman department store dressing room in Manhattan.
Throughout the legal proceedings, Trump, 77, has consistently denied the allegations, accusing Carroll, 80, of fabricating the incident to boost sales of her then-new memoir.
Notably, a different jury ruled last May that Trump should pay Carroll $5 million for similar comments he made in October 2022. Trump is currently appealing that verdict.
The trial is being presided over by U.S. District Judge Lewis Kaplan in Manhattan, who also oversaw the previous trial.
Should Trump decide to testify, he will be prohibited from challenging Kaplan’s prior rulings, which affirmed that he defamed and sexually abused Carroll. The sole issue now under consideration is the amount of money Trump may be required to pay Carroll.
Carroll’s legal team has argued this month that Trump’s recent behavior suggests he might attempt to disrupt the proceedings and may believe that doing so could be advantageous for him.
Judge Kaplan echoed this concern on the trial’s second day, following a lawyer’s assertion that jurors might have overheard Trump characterizing the trial as a “witch hunt” and a “con job.” Kaplan warned Trump that he might be removed from the courtroom if such behavior continued.
Trump, a Republican, has used his legal battles to advance his 2024 White House campaign, framing the cases as politically motivated and an abuse of the judicial system. Recent polling indicates that Trump is expanding his lead in New Hampshire, where he has been juggling the Carroll trial with campaign events in the lead-up to the state’s presidential primary.
In addition to this defamation case, Trump has pleaded not guilty in four federal and state criminal cases, two of which allege that he unlawfully sought to overturn the 2020 election results in his favor.
Carroll, who has already testified, argued that Trump’s denials have severely damaged her reputation as a journalist known for her truthfulness, causing many to now view her as a liar with political motives.
Trump’s legal team has countered these claims by suggesting that Carroll sought fame and public admiration by coming forward while positioning herself as an advocate for women. In a letter, one of Trump’s lawyers, Alina Habba, asserted that this behavior contradicted Carroll’s “affirmative, non-waivable duty” to mitigate the harm resulting from the defamation.
Carroll refuted these accusations, stating that while she appreciated the support from her followers, she did not actively seek fame.
A Northwestern University professor testified on Carroll’s behalf, estimating that it would cost between $7.3 million and $12.1 million to repair the damage inflicted on Carroll’s reputation by Trump.
Other potential witnesses in the case may include former Elle editor-in-chief Robbie Myers and former New York TV news anchor Carol Martin, who is a friend of Carroll’s.
The trial is anticipated to conclude with the case going to the jury by mid-week.
