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2Cats2Furious's avatar

I have to correct some of the details in this article, which conflates the 2 lawsuits filed by E. Jean Carroll. She initially sued That Fucking Guy for defamatory statements he made while he was POTUS during his 1st reign, which were essentially that she was a liar and too ugly to rape (Carroll I). Bill Barr’s DOJ got involved and removed the case to federal court, where it was assigned to Judge Lewis Kaplan of the SDNY. Barr asserted that TFG couldn’t be liable for defamation because of “presidential immunity,” so that issue had to be litigated in both the trial and appellate courts before that case could go to trial.

While all that was happening, Biden became POTUS and TFG finally left the White House. Then, as a private citizen, TFG repeated the same defamatory statements, so Carroll sued him for those post-presidency statements, as well for sexual assault under the NY adult survivors act, which temporarily allowed civil lawsuits that would otherwise be barred by the statute of limitations. That case, Carroll II, was also assigned to Judge Kaplan because it was a related case.

Because Carroll II didn’t involve the same “presidential immunity” issues, only conduct that occurred when TFG was a private citizen (both the sexual assault and his post-presidency defamatory statements), Carroll II actually went to trial first. A jury found TFG civilly liable for both claims (although for “sexual abuse” instead of “rape” as defined by the NY penal code, because Carroll wasn’t sure whether he penetrated her with his penis or only his fingers), and awarded her $5 million. Joe Tacopina (aka Joey Tacos) represented TFG at this trial, and wisely advised TFG not to testify and, in fact, to stay away from the courtroom altogether.

Of course, TFG is such a narcissist that he complained Tacos gave him bad advice, and that he would have won the case if only he’d testified at trial (even though Judge Kaplan gave him every opportunity to do so). As a result, TFG and Tacos soon parted ways. Notably, Carroll’s attorney Roberta Kaplan *could* have subpoenaed TFG to testify live at trial, but she chose to use excerpts of his videotaped deposition instead. (Pro tip: it’s always a good idea to pay extra for the videographer when deposing key witnesses, because it’s a lot more impactful to play the video for the jury instead of just reading from the transcript). The deposition testimony played at trial included that infamous moment when TFG was a shown a photo of him with Ms. Carroll and their respective spouses at the time (Ivana for TFG), and he misidentified Carroll as Marla Maples. You know, his 2nd wife. It’s worth observing that noted parking garage lawyer Alina Habba represented TFG for that deposition, and she did so very, very poorly.

In the meantime, the federal appellate court concluded that TFG didn’t actually have immunity for the defamatory statements he made as President in Carroll I, so that case finally went to trial. Judge Kaplan instructed the jury that because TFG had already been found liable for sexual abuse in Carroll II, TFG wasn’t allowed to re-litigate that issue, so the trial was essentially about damages for defamation while presidenting. TFG was represented in Carroll I by Habba-Dabba-Do, who didn’t know what the fuck she was actually doing, earning a number of rebukes from the judge. Notably, TFG *did* show up for this trial and behaved like the deplorable he is, constantly making audible comments and storming out during Kaplan’s closing arguments. I think it’s fair to say his presence - along with Habba’s terrible lawyering - greatly influenced the jury, which awarded Carroll $83.3 million (including substantial punitive damages). Again, the judgment in Carroll I was *solely* for the defamatory statements TFG made when he was POTUS, and NOT for the sexual assault itself.

So tl;dr: Carroll II went to trial first and Carroll won $5 million for both the sexual assault and post-presidency defamatory statements; Carroll I was solely about damages for defamatory statements made while TFG was POTUS, which resulted in the $83.3 million judgment.

TFG had to deposit with the court registry both the $5 million for Carroll II and the $83.3 million for Carroll I (plus interest) in order to appeal both cases. He has already lost on appeal in Carroll II and now he’s lost on appeal in Carroll I. He plans to appeal both to the Supreme Court.

My best guess is that SCOTUS denies cert in Carroll II, meaning they won’t hear the appeal, so the lower court’s judgement stands and Ms. Carroll finally gets to collect her $5 million, plus interest. That case concerns only TFG’s conduct when was *not* President and there’s no major legal issue here.

But the Carroll I case and $83.3 million judgment? I can absolutely see this corrupt SCOTUS 6 agreeing to hear the appeal and deciding TFG wins because “presidential immunity.” After all, if they’ve already decided he has a get-out-of-jail-free card for CRIMING WHILE PRESIDENT, then how can he be civilly liable just for defaming while President? They would presumably base this on Nixon v Fitzgerald, which held a President can’t be held civilly liable for “official acts.” Now, there is certainly a strong argument that defaming someone isn’t part of the president’s “official acts,” which is what the appellate court found here. But the SCOTUS 6 - which already gave him a pass for criminal acts - will likely want to do TFG a solid here, and say otherwise.

I hope I’m wrong, but I doubt that Ms. Carroll ever sees that $83.3 million.

Oh and also? You can absolutely say that Tacos was gross in his questioning of Ms. Carroll in Carroll II, but he was clearly the superior lawyer compared to Habba. The difference is that Ms. Carroll was awarded *only* $5 million for both sexual assault and defamation in Carroll II, and $83.3 million just for essentially the same defamatory statements in Carroll I. The difference is that Tacos knew his client was a hot mess, so he kept him faaaaaaar away from the courtroom, while Habba let him in. The difference is that Tacos is an actual trial lawyer so he knows what the fuck he is doing procedurally, whereas Habba didn’t have a fucking clue about the Federal Rules of Civil Procedure, apparently.

Sorry for the extra long post, but I spent a LOT of time following these cases. 😺😺

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Stephanie Hobbs's avatar

Make him pay.

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Stulexington's avatar

*facepalms* he literally has 2 weeks.

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Daniel O'Riordan's avatar

𝑊𝑒 𝑤𝑒𝑟𝑒 𝑙𝑖𝑣𝑖𝑛𝑔, 𝑠ℎ𝑒 𝑠𝑎𝑖𝑑, 𝑡ℎ𝑟𝑜𝑢𝑔ℎ 𝑡ℎ𝑒 𝑓𝑖𝑟𝑠𝑡 𝑡𝑖𝑚𝑒 𝑝𝑒𝑟𝑖𝑜𝑑 “𝑖𝑛 𝑎 ℎ𝑖𝑑𝑒𝑜𝑢𝑠 ℎ𝑢𝑚𝑎𝑛 ℎ𝑖𝑠𝑡𝑜𝑟𝑦” 𝑤ℎ𝑒𝑛 𝑤𝑒 ℎ𝑎𝑑 𝑎𝑡 𝑙𝑒𝑎𝑠𝑡 𝑎 𝑠𝑚𝑎𝑙𝑙 𝑖𝑛𝑘𝑙𝑖𝑛𝑔 𝑜𝑓 ℎ𝑜𝑤 “𝑐ℎ𝑜𝑐𝑘-𝑓𝑢𝑙𝑙 𝑜𝑓 𝑝𝑟𝑒𝑑𝑎𝑡𝑜𝑟𝑠” 𝑡ℎ𝑒 “𝑟𝑢𝑙𝑒𝑟𝑠’ ℎ𝑜𝑢𝑠𝑒𝑠” 𝑎𝑟𝑒.

They did seem to be happier when we weren't aware of all this shit.

You want to get a reaction out of Chump? Just say, "Epstein Files!"

It's like saying, "Blucher."

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"M"'s avatar

"They did seem to be happier when we weren't aware of all this shit."

Why do so many people care so much about their FEEEEEEEELINGs??

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kmblue187's avatar

E. Jean, about this: “If Trump despises it, I’m gonna be giving money to it.”

Just tossing out a suggestion...some for the Epstein victims.

And I've always admired you tremendously for never ever giving up.

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SethTriggs's avatar

I guess the ball is in Taney Court 2.0's court. The pricktator gets unlimited appeals like breadsticks!

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Hank Napkin's avatar

"We'll pay her in TrumpCoin®, physical TrumpCoins."

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Zap's avatar

Fucking rapist President. Fucking MAGA assholes.

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Zap's avatar
Sep 10Edited

Please do NOT promote Spotify subscriptions. Their predatory business model steals millions from musicians everywhere.

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Joe Schmoe, Troublemaker's avatar

"...over the last million years." THIS from the motherfucker who can't succinctly, successfully recall last Tuesday

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OrdinaryJoe's avatar

Thanks to the Epstein Files we know SHE was NOT old enough to be HIS type. Fucking perv.

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jltympanum's avatar

I wish someone more eloquent than I would point out that any man who gets women by assaulting them ain't much of a man.

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Enter Ranting's avatar

"Nevertheless, she persisted."

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Fifth Dentist's avatar

Breaking news:

Kevin Sorbos' son says that only married couples who own property should be allowed to vote.

Apparently, America was great in 1827.

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Daniel O'Riordan's avatar

The result of Kevin Sorbos's ejaculation says what?

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Merrie Mac, Libelsländerin's avatar

More breaking news: I say men, especially men of the nepobaby variety, need to step aside and let the women run things for a century or two. Then we'll compare notes and see who should be in charge forever.

Step off, Sorboses.

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Michael Bowen's avatar

I'm old, so I wouldn't see much of the results, but I wouldn't mind seeing the experiment begin.

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BoB the TacoɔɒT, Tumbrel Pilot's avatar

The stupid doesn't fall far from the tree.

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DeathPanelTruck's avatar

"In a 6-3 decision, the U.S. Supreme Court ruled today that President Donald Trump doesn't have to pay E. Jean Carroll the $83.3 million judgment against him. Justice Alito authored the opinion, with Chief Justice Roberts and justices Thomas, Gorsuch, Barrett and Kavanaugh in concurrence."

(Probably...)

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Maelen Moonsinger's avatar

If they pull too many decisions like that, the Supreme Court is going to look like the presidential palace in Nepal, burned by a mob who threw handfuls of money out of the windows.

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BoB the TacoɔɒT, Tumbrel Pilot's avatar

Only the first sentence, because shadow docket.

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Bitter Scribe's avatar

𝘉𝘶𝘵 𝘵𝘩𝘦 𝘮𝘢𝘯’𝘴 𝘢 𝘤𝘳𝘦𝘦𝘱...𝘢𝘯𝘥 𝘪𝘵’𝘴 𝘸𝘪𝘭𝘥 𝘩𝘰𝘸 𝘢𝘱𝘱𝘢𝘳𝘦𝘯𝘵𝘭𝘺 𝘮𝘰𝘴𝘵 𝘰𝘧 𝘈𝘮𝘦𝘳𝘪𝘤𝘢 𝘫𝘶𝘴𝘵 𝘥𝘰𝘦𝘴𝘯’𝘵 𝘤𝘢𝘳𝘦 𝘢𝘭𝘭 𝘵𝘩𝘢𝘵 𝘮𝘶𝘤𝘩.

Yeah. Wild. Let's go with that.

Hell, for a lot of his bro-type fans, it's probably a feature, not a bug. They recast creepiness as masculinity ("locker-room talk"). It's a way to cover up their own sexual anxieties.

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