Dem
51
GOP
49
Donald Trump's second defamation trial is now underway. U.S. District Judge Lewis Kaplan has already ruled that Trump defamed E. Jean Carroll when he called her a liar in 2019, shortly after she publicly accused him of sexually assaulting her decades earlier. Trump attended the trial because it got him some free publicity—lots of it—even though there is no legal requirement that he attend (it is a civil case, not a criminal case). Carroll is asking for $10 million in compensatory damages for having her reputation destroyed and an unspecified amount in punitive damages.
If Trump wants to address the jury in his defense, the judge would certainly allow it. But The Donald has a different strategy. Trump clearly intends to provoke the judge into doing something that could later form the basis of an appeal. During the trial, Trump muttered that the trial is a "witch hunt" and "a con job" so the jury could hear him. The judge rebuked him for this, saying: "Mr. Trump has the right to be present here. That right can be forfeited, and it can be forfeited if he is disruptive, which is what has been reported to me." Then the judge spoke directly to Trump and said: "Mr. Trump, I hope I don't have to consider excluding you from the trial. I understand you are probably very eager for me to do that." Then Trump said: "I would love it. I would love it," indicating that he could try to use that to get the appeals court to undo the inevitable judgment. Kaplan then said: "I know you would. I know you would. You just can't control yourself in this circumstance, apparently." Trump shot back: "You can't either."
After the lunch break, one of Trump's lawyers, Michael Madaio, asked Kaplan to recuse himself. Kaplan replied: "Denied." (V)