The other Trump case
The NY Daily News reports:
The civil case brought by writer E. Jean Carroll claiming that Trump raped and subsequently defamed her is scheduled for a jury trial on April 25. Unlike the indictment that could take a long time to reach a jury, this trial could result in a blockbuster jury verdict as early as May finding that Trump is guilty of rape.
Yes the criminal trial next hearing is December, so at best reaches a conclusion in 2024. But this civil case could be decided next month.
Making matters worse for Trump’s defense, Kaplan ruled that Carroll can introduce into evidence Trump’s statements on the “Access Hollywood” tape. Kaplan found that “in this case, a jury could reasonably find, even from the ‘Access Hollywood’ tape alone, that Mr. Trump admitted . . . that he in fact has had contact with women’s genitalia in the past without their consent, or that he attempted to do so.”
So Trump will have three women testifying he sexually assaulted them plus his own boasting that he likes to grab women by the p***y.
As the evidence now stands, this is not the classic case of “he said, she said.” Rather, it is a case of “he said, she said, she said, she said,” all supported by Trump’s own “Access Hollywood” words and Carroll’s witnesses. Trump appears to be left with no witnesses to call to rebut these charges other than himself.
Trump is faced with a conundrum — the only way he can rebut Carroll’s case is to testify in his own defense. That will subject him to a blistering cross examination concerning his predatory history. That coupled with his propensity to lie puts him in a real bind. Trump’s own former attorney general recently commented, it would be a “particularly bad idea” for Trump to appear on the stand because “he lacks all self-control,” “and it would be very difficult to prepare him and keep him testifying in a prudent fashion.”
However, Trump cannot hide behind the Fifth Amendment privilege without suffering the dire consequences that in a civil case, unlike a criminal prosecution, his refusal to take the witness stand or to assert his Fifth Amendment privilege can be used by the jury to conclude that Trump raped Carroll and therefore defamed her.
It will be fascinating to see whether Trump testifies. It seems he almost certainly loses if he does not, and if he does testify – well that could get interesting.
Having said that, even if Trump loses I doubt his most hardcore supporters will care.