Dem
49
GOP
51
Earlier this year, a jury awarded E. Jean Carroll $5 million for being defamed by Donald Trump when he claimed she made up the story of his sexually assaulting her (something the judge called "rape.") Then, after the case was over, Trump defamed her again. This time the jury awarded her another $85 million. He appealed both awards, naturally.
On Friday, the appeals court heard the first appeal. Trump was there and so was Carroll. This time, he didn't say or do anything to her. He just ignored her.
The oral arguments were about a claim from Trump's lawyers about one of the witnesses at the original trial, Jessica Leeds, who claimed that Trump groped her on an airplane in 1979. Her testimony may have helped convince the jury that Trump "does it all the time." Trump's lawyers argued that her testimony should have been excluded because at the time, there was no specific law banning sexual assault on airplanes. Roberta Kaplan, Carroll's lawyer, replied that in 1979 it was illegal to grope someone on an airplane and it is still illegal to grope someone on an airplane, even if the name of the offense has changed.
The judges appeared skeptical of Trump's case. When the subject of Trump's remark about how he "grabs them by the pu**y" came up, Trump's lawyer, John Sauer, objected. But Judge Denny Chin said: "Well, it's a confession about a modus operandi." All three judges were appointed by Democratic presidents.
After the hearing, Trump returned to Trump Tower to rail against the judges and possibly defame Carroll a third time. His main arguments were that Carroll fabricated her story, he never met her (despite photos of them together) and Leeds wasn't attractive enough for him to waste time groping her. He insists he could do better than that. Of course, when you are seatbelted into your seat on a plane, if you have an urgent, uncontrollable urge to grope someone, you may have to make do with the people who are available rather than the people who you might want to be available. This is actually a terrible defense because it effectively admits that he does grope women, which strengthens Leeds' testimony.
In addition, Trump attacked the lawyers who had been defending him in court. He said: "I'm disappointed in my legal talent, I'll be honest with you." There is a first time for everything, even being honest. Trump is also appealing the second ($85 million) award separately. (V)