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submitted 7 months ago* (last edited 7 months ago) by mozz@mbin.grits.dev to c/politics@beehaw.org

Via @GottaLaff@mastodon.social mostly sourced from Inner City Press. Errors or omissions / scrambling of the order or anything, are probably mine. This is not a verbatim transcript, just an initial partial summary of some of the exchanges based on press reports.

https://mastodon.social/@GottaLaff/111818115089134672


(Jury is not present at this point)

Judge Kaplan: Ms. Habba, do you have any other witnesses?

Habba: Yes. President Trump.

Judge Kaplan: I have a few things to say.

Judge Kaplan: There was a trial last year about the truth or falsity of Ms. Carroll claims. Mr. Trump was listed as a witness but did not testify. The jury found for Ms. Carroll. There are no do-overs, it's called issue preclusion or collateral estoppel.

Judge Kaplan: The jury found that Mr. Trump inserted his fingers into her vagina. And that Ms. Carroll did not make up her claim. And that Mr. Trump's June 11 and June 22 statements were defamatory. Now Mr. Trump may not make any argument against this.

Judge Kaplan: Ms. Carroll adhered to the Court's rulings. Ms. Kaplan on behalf of Ms. Carroll questioned if Mr. Trump could offer any admissible testimony. Ms. Habba, you said he could testify about the reporters' questions, and if he was acting with ill will.

Judge Kaplan: A judge must seek to exclude inadmissible evidence. Concerns exist here, as including in Ms. Kaplan's letter. I want to confirm a few things. Ms. Habba, what would he testify to?

Habba: I have only three questions for my client.

Judge Kaplan: We're going to do it my way.

Habba: He's going to stand by his deposition. That he had to respond to accusation and deny them.

Judge Kaplan: That's 100%?

Habba: I'm not testifying for my client.

(She says he'll also claim that he didn't mean to harm her, but had to respond to the claims.)

...

Judge Kaplan: Let me hear from the other side.

Roberta Kaplan: Just now, Mr. Trump said under his breath he's going to say he never did it.

Judge Kaplan: He will not testify about questions asked of him by reporters?

Habba: No. If I may your Honor--

Judge Kaplan: No.

Judge Kaplan: What are your questions?

Habba: That he stands behind his deposition. I'll ask about his state of mind, he'll say he was defending himself --

Judge Kaplan: And that's it?

Habba: Yes. And that he never intended to hurt Ms. Carroll.

...

Roberta Kaplan: He had an opportunity to participate in a trial--

Judge Kaplan: And he lost. I will so instruct the jury. More than once.

Trump: I wasn't at the trial, I never met this woman.

Judge Kaplan: Mr. Trump, keep your voice down.

...

Judge Kaplan: Will your client abide?

Habba: Absent having a glass ball--

(Trump is speaking)

Judge Kaplan: Mr. Trump, that is not allowed... I will permit him to get on the stand. You ask if he stands by it. That's it.

Habba: Only one question?

Judge Kaplan: You can ask the 2d question.

Habba: Why did you make the statements--

Judge Kaplan: No.

Habba: I have a right to ask about intent.

Judge Kaplan: I will decide what he has a right to do here. That's my job, not yours.

...

(That was before the jury came back in. Once the jury reenters:)

Judge Kaplan: I hope lunch was better than the cafeteria usually is. Ms. Habba, you may call your witness.

Habba: Defense calls President Donald Trump.

Trump: Donald John Trump.

Habba: You viewed your deposition?

Trump: I stand by it 100%, yes.

Trump: She said something I considered a false accusation--

Roberta Kaplan: Objection!

Judge Kaplan: Sustained.

Habba: I have no further questions.

Judge Kaplan: Cross examination.

Roberta Kaplan: There was a trial here, correct?

Trump: Yes.

Roberta Kaplan: Mr. Trump, is this the 1st trial between you and Ms. Carroll you've attended?

Trump: Yes.

Roberta Kaplan: No further questions.

Habba: Did you have counsel at the previous trial & follow their advice?

Trump: Yes.

Roberta Kaplan: Objection

Judge Kaplan: Sustained

Habba: No further questions.

Judge Kaplan: Jurors, you may go until tomorrow morning, closing arguments.

...

(Alternate source for part of the direct examination)

Habba: Did you deny the allegation to defend yourself?

Trump: Yes, I did. That’s exactly right. She said something i considered a false accusation...

Kaplan instructed to jury to disregard everything after "Yes, I did."

Habba: Did you instruct anyone to hurt Ms. Carroll?

Trump: No, I just wanted to defend myself, my family and frankly, the presidency...

Kaplan instructed the jury to disregard everything after "No."

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this post was submitted on 25 Jan 2024
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