Donald Trump Is Forced To Attend The Trial Of E. Jean Carroll For This Reason

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Donald Trump may be advised to attend his upcoming defamation trial involving a woman who accused him of rape even though he is not required to do so, according to a lawyer.

Trump was sued by former Elle columnist E. Jean Carroll over allegations that he defamed her character when she denied accusations that he sexually assaulted her in a dressing room at Bergdorf Goodman in New York in the mid-1990s, including repeatedly stating that he was “not my type .”

Carroll also sued the former president for sexual battery after taking advantage of the Adult Survivors Act—a law passed in New York in May 2022 that allows alleged victims of sexual abuse a year to file charges even though the statute of limitations has expired.

On April 10, federal judge Lewis A. Kaplan issued an order calling on both parties involved in the civil case to notify the court in writing by April 20 if they intend to attend during the trial, or if not explain whether they intend to be “absent from the proceedings for all or part of the day.” The civil trial involving Trump is scheduled to begin on April 25.

Former President Donald Trump arrives to speak at a press conference following his court appearance over alleged hush money, at his Mar-a-Lago estate in Palm Beach, Florida, on April 4, 2023. He has yet to say Trump if he does appear in court for his defamation trial with columnist E. Jean Carroll. CHANDAN KHANNA/AFP/Getty Images

Kaplan said the order should not be fabricated because Trump or Carroll must attend the defamation trial, nor should they read it because there could be legal consequences if they don’t. Trump is not currently named on Carroll’s list of proposed witnesses for the trial but is the first name on his own defense list.

Tre Lovell, a Los Angeles corporate and libel law attorney, suggested that there are several reasons why Trump might decide or be persuaded to attend the defamation trial, and that his lack of attendance could be detrimental to him.

“First, he can help his lawyers. As Carroll’s lawyers call witnesses, Trump can provide insight into their testimony that could help his lawyer during cross-examination, as well as add perspective on the evidence that can be introduced,” Lovell told Newsweek.

“In addition, through his presence, the jury becomes familiar with him every day, and that can help in deliberations. Familiarity is always beneficial.

“Without him, the jury may get the impression that he doesn’t care enough about the case to appear, which can sometimes give them a bad impression. Lawyers often mitigate this negative impression by explaining why a party isn’t there. , or have the party come out on the first day to meet the jury, and then be absent afterward,” Lovell added.

Trump’s lawyer Joe Tacopina confirmed to Newsweek that no decision has been made yet on whether the former president will attend the New York civil trial.

The judge’s request for both sides to confirm their attendance is likely related to Secret Service security arrangements that would be required should the former president appear in court in person.

On April 4, New York had to prepare for Trump to turn himself in to authorities ahead of his court appearance to plead not guilty to 34 counts of felony falsifying business records related to hush money. paid Stormy Daniels to keep an alleged affair he had before the 2016 election a secret.

Carroll’s attorney, Roberta Kaplan, no relation to the judge, said Carroll “intends to be present for the entire trial.”

Even if Trump does not attend the defamation trial, it is highly likely that the jury will act on sections of the deposition he gave in October 2022.

In January, transcripts of Trump’s under oath deposition were unsealed, revealing that the former president repeatedly attacked Carroll as a “nut job,” “liar” and “mentally ill” as well as defending her “not my type” statements she made against her accuser.

During his deposition, Trump also mistakenly believed a black-and-white photo of Carroll was of his ex-wife Marla Maples.

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