E. Jean Carroll's lawyer told a New York federal jury that "self-proclaimed billionaire" Donald Trump needs to "pay dearly" for defaming her after he denied assaulting her in the mid-1990s.
Trump, whose 2024 presidential campaign is colliding with a crowded schedule of criminal cases and lawsuits, sat attentively Tuesday in Judge Lewis Kaplan's Manhattan courtroom, glaring and scowling at times as about six-dozen prospective jurors answered questions posed by the judge over everything from their prior involvement with the judicial system to their political beliefs.
When Kaplan asked if any members of the jury pool felt they'd been mistreated by the court system, Trump subtly raised his hand, to laughter from the gallery. “We know how you stand,” the judge said.
'The biggest microphone on the planet'
Nine jurors were selected for the trial, which Kaplan said is likely to last three to five days. Jurors will remain anonymous, even to Trump, Carroll, lawyers and judicial staff, and will be driven to and from the courthouse from an undisclosed location for their safety, the judge said.
In their opening statements, lawyers for Carroll and Trump painted each other's client as the true villain of a case with potentially millions of dollars at stake.
Carroll's lawyer Shawn Crowley told the jury that Trump, as president, had used "the biggest microphone on the planet" to defame the writer after she first publicly accused him of rape in 2019. Trump "unleashed his millions of followers" to threaten and terrorize Carroll, who now sleeps with a gun nearby, Crowley said. "It's time to make him stop. It's time to make him pay dearly for what he's done.Trump attorney Alina Habba said Carroll was anything but a victim of Trump's comments. "Her career has prospered and she has been thrust back into the limelight like she always wanted," Habba said, telling jurors that Carroll "wanted status." "She wanted the attention," Habba said.
"It is a giant Election Interference Scam, pushed and financed by political operatives. I had no idea who this woman was," Trump wrote in a post on Truth Social. "PURE FICTION!"
Trump, 77, and Carroll, 80, were both in court for the trial's first day. Protesters stood outside the courthouse Tuesday morning holding signs that said “We believe E. Jean Carroll” and “Justice Matters.”
With a campaign speech scheduled in New Hampshire, Trump left before opening statements.
Assault, defamation and damages
Carroll first publicly accused Trump of rape in 2019, describing in a book excerpt how, sometime around 1996, the real estate magnate attacked her in a dressing room at the Bergdorf Goodman department store. After Trump denied the charge, Carroll sued him, first for defamation and, in 2022, for battery and defamation under a New York state law that temporarily put the statute of limitations on hold for alleged sexual assault victims. The cases were moved to federal court.
The current trial will focus on what Trump should have to pay for defaming Carroll after she first accused him of rape. The allegedly defamatory statements at issue include: ''Shame on those who make up false stories of assault to try to get publicity." Jurors will be asked whether those statements harmed Carroll and, if they did, how much she should get in damages.
Trump was ordered to pay $5 million in combined damages for sexual abuse and a 2022 incident of defamation in the May trial.
Violent threats vs. mean tweets
Trump's statements "unleashed his followers to go after her online" and "to threaten her life," Crowley said in her opening statment. "Donald Trump used the most famous platform on Earth to lie about what he had done."
In a video presentation, Crowley showed jurors some of the threats Carroll had recieved from Trump supporters, including messages that read, "I will rape u, e jean carroll" and "I hope you die soon. I hope someone really does attack, rape and murder you."
Habba said that, after the publication of her allegations in New York Magazine, Carroll had been the target of critical social media posts for hours before Trump first commented. "She wants President Trump to pay for the risks she took," Habba said. "Her career was dwindling and it needed a spark.
- Carroll's attorney argues for ‘very significant’ damages sum: Carroll’s lawyer Shawn Crowley told the jury Trump’s attacks on her client when he was president “unleashed his followers” and caused her to receive threats. “Trump was president when he made those statements, and he used the world’s biggest microphone to attack Ms. Carroll to humiliate her and to destroy her reputation,” Crowley said. The lawyer argued that the damages awarded to Carroll “should be significant, very significant."
- Trump's attorney says Carroll has prospered since the allegations came out: Trump attorney Alina Habba argued that Carroll’s reputation was not harmed by Trump and that her career prospered since she came forward with the sexual assault allegations. Habba told the jury to remember, “This case is not about assault. We had that case. This case is about the defamation.” Carroll waited for the opportune time to publicly share her story to maximize coverage, Trump’s lawyer claimed.
- Jurors are familiar with Trump: Two of the prospective jurors said they agreed with Trump’s false claims that the 2020 election had been stolen. Three potential jurors said they donated to Trump or groups supporting him. All three said that wouldn’t affect their ability to be fair and impartial. None of those prospective jurors were ultimately selected for the trial jury. More than 10 said they’d donated to Biden and other top Democrats. Three prospective jurors said they believe Trump is being treated unfairly by the US court system. A male juror in the gallery stood to answer that question before it was his turn.
- What’s next in the trial: Carroll is slated to testify Wednesday in the trial, which is expected to last a few days. Trump’s lawyers have also indicated he plans to testify, although Trump has changed his mind on testifying before in other trials. The judge has limited the testimony in the case to damages and harm, ruling that the jury’s verdict in the first defamation trial will also carry over to this case.
How much could it cost Trump?
Damages expert Ashlee Humphreys, a Northwestern University professor who helped two election workers win a $148 million defamation judgment against former Trump attorney Rudy Giuliani, is set to testify for Carroll as well. Trump's legal team tried to get her booted from the case, but the judge said their request was late and their criticisms of her methodology are fair game for cross-examination.
Humphreys estimated it would take between $2.1 million and $12.1 million to repair damage to Carroll's reputation. Carroll wants not just compensation for the alleged harm she suffered, but also punitive damages, arguing that Trump's ongoing statements against her since her victory in May "show the depth of his malice" and the need for a hefty verdict to punish and deter him.
The verdict against Giuliani included $40 million for intentionally inflicting emotional distress and about $108 million more in compensation for defamation and punitive damages.
That's a likely reason Trump wanted Humphreys gone from the case, according to Carroll's legal team. "That Professor Humphreys recently testified in another case that resulted in a $108 million defamation verdict likely adds to Trump’s sense of urgency," they told the court.
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