'Pay dearly for what he's done': Donald Trump in court for defamation trial

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.

Trump leaves court to campaign in New Hampshire

Earlier Tuesday, with the New Hampshire primary looming, Trump attacked the trial and his accuser.

"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.

Trump has said he plans to attend the the Manhattan federal trial and "to explain I don't know who the hell she is." However, he won't be allowed to argue that he didn't sexually assault Carroll, Kaplan ruled last week. That's because a jury found Trump liable for sexually abusing Carroll in a separate civil trial in May, although it didn't find him liable for rape.

Trump chose not to attend the previous trial, where he was also found to have defamed the bestselling author in 2022 by calling her a "con job."

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 2023 trial.

More: Trump trials: Why former president faces ‘extraordinary’ challenges

What is this trial about?

The trial is only focused on any potential damages Trump might have to pay for his 2019 statements. A jury will be tasked with determining whether his remarks harmed Carroll and, if so, how to quantify that harm in dollars. The jury will also decide if Trump should be hit with punitive damages to deter him from continuing to defame Carroll.

"I'll say it with great respect: Number one, she's not my type. Number two, it never happened. It never happened, OK?" Trump told reporters in the White House. Carroll said she confided in two friends soon after the attack but chose not to go to the police at the time, and didn't come forward publicly until numerous other women accused Trump of assault during his 2016 presidential campaign.

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 wanted the jury to "give her a windfall because some people on social media said mean things about her," Habba said.

Trump had tried to argue that he is protected from the lawsuit by presidential immunity because the statements responded to allegations that threatened his ability to govern effectively. But Kaplan and an appeals court both ruled he had waived that argument by waiting too long to raise it.

Will Trump testify, and what could he say?

Trump's lawyer said in a Sunday letter to the court that there is "considerable testimony" Trump can offer in his defense while respecting the court's restrictions, including an argument that he shouldn't be punished with extra damages because he didn't act maliciously.

Kaplan on Friday denied a Trump request to delay the trial to allow him to attend his mother-in-law's funeral. Trump also raised the death in a failed request to delay closing arguments in a New York civil fraud trial last week. Funeral preparations didn't prevent Trump from campaigning in Iowa over the weekend ahead of the state's presidential nomination caucuses on Monday.

On Tuesday morning, Kaplan again refused to suspend the trial for the funeral, in a fiery exchange between the judge and the former president’s lawyers.

Trump attorney Michael Madaio argued that the judge had made “inconsistent and unfair” rulings that “drastically changed our ability to defend this case and largely stripped us of our defenses.”

Habba then requested that the trial be adjourned on Thursday for the funeral of former first lady Melania Trump’s mother, Amalija Knavs.

“I am not stopping him from being there,” Kaplan replied.

Habba responded: “No, you’re stopping him from being here.”

Kaplan agreed to let Trump testify on Monday if he wants, even if the trial is otherwise finished by Thursday.

Potential juror worked for Ivanka Trump

During jury selection, Trump twisted in his chair to look at a prospective juror who said she had worked in a communications capacity for his daughter Ivanka Trump’s company in 2017 and 2018. Another potential juror said he’s a lawyer who has worked on unrelated issues with the firm representing Carroll. Both said they could be fair and impartial.

After several dozen prospective jurors were sworn in, Trump shook his head as Kaplan described the case and explained that for purposes of the trial, it had already been determined that Trump “did sexually assault Ms. Carroll.”

Last week, Carroll's lawyer asked Kaplan to consider measures to prevent Trump from turning the trial "into a circus." The lawyer cited Trump's attacks on both a judge and the New York attorney general when he was given a brief opportunity to make a personal closing argument alongside his attorneys in the civil fraud case. The judge in that case urged an attorney to "control" the former president.

Trump's lawyer shot back Sunday that Trump is "well aware" of restrictions on his testimony, and that it would be unjust to try to force him to say he is guilty of acts he denies.

Kaplan was circumspect in a written opinion about what he might do to ensure his rulings and the law are followed, saying he will take measures he "finds appropriate."

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.

Giuliani, who is also facing criminal charges for allegedly conspiring with Trump to overturn the 2020 presidential election results, has since filed for bankruptcy.

Contributing: Associated Press

This article originally appeared on USA TODAY: Trump civil trial: E. Jean Carroll wants Trump to 'pay dearly'