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.

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