Home Spreely News Judge Rejects Trump’s Motion For Mistrial in E. Jean Carroll Case

Judge Rejects Trump’s Motion For Mistrial in E. Jean Carroll Case

by Chelsea Betonie

Judge Lewis Kaplan, appointed by Clinton, rejected Trump’s request for a mistrial in the defamation case brought by E. Jean Carroll, despite her deletion of evidence that was under subpoena.

In a previous ruling, a jury consisting of nine individuals ordered Trump to pay E. Jean Carroll a sum of $83.3 million for his statements defending himself against unfounded rape allegations.

The Trump legal team contended that the deleted evidence would demonstrate Carroll had been receiving threats prior to President Trump addressing her accusations.

However, Judge Kaplan upheld Carroll’s position and stated that Trump failed to provide any proof of his attempts to retrieve the deleted messages.

“Mr. Trump has offered no evidence that he ever even attempted to recover any of these messages through discovery or otherwise,” Kaplan said, according to NBC News. “In fact, he does not even argue that the messages in question have been permanently lost and are now unrecoverable. This failure alone was sufficient basis to deny the alternative relief he sought.”

Kaplan also said that even if Trump’s claims about E. Jean Carroll’s deleted messages are accurate, it’s still not sufficient to warrant relief.

“Even if it is accurate, it is far from sufficient to warrant relief,” Kaplan said in the 30-page decision on Wednesday.

Last month, President Trump made an appearance in court while E. Jean Carroll gave her testimony in a trial where the jury will determine the amount he has to pay for his alleged defamatory statements about her.

Judge Lewis Kaplan, who was appointed by Clinton, had previously ruled that Trump is responsible for the defamatory remarks he made about E. Jean Carroll after she accused him of rape.

In 2019, E. Jean Carroll accused Donald Trump of raping her in a dressing room at Bergdorf Goodman during the 1990s.

Trump has denied these allegations and referred to E. Jean Carroll as a “whack job” who is “not my type.”

During cross-examination by Trump’s lawyer, Alina Habba, E. Jean Carroll admitted to deleting emails that were under subpoena.

Judge Kaplan appeared to protect and support Carroll throughout the proceedings.

Alina Habba, attorney for President Trump, inquired of Carroll whether she had been served a subpoena.

“Yes,” Carroll replied before admitting she deleted emails.

Carroll confessed to intentionally deleting emails while under subpoena due to her desire to avoid causing any distress to her legal representatives.

In response to Alina Habba’s motion for a mistrial due to E. Jean Carroll’s admission of deleting substantial evidence, Judge Kaplan swiftly came to her defense.

When Trump’s team filed a renewed motion seeking a mistrial, Judge Kaplan once again sided with E. Jean Carroll.

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8 comments

j February 8, 2024 - 10:07 am

LittleKaplan little f__k!

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rick b az February 8, 2024 - 10:52 am

another activist judge that should be fired and disbarred………….

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Justin February 8, 2024 - 11:11 am

How can the “judge” maintain the false premise of being impartial, after stating that that the deleted evidence, that was subpoenaed through the court and was deleted after the subpoena had been served (the reason for the deletion was to avoid causing problems for her legal representation, ie. evidence that would contradict the arguments made by her attorneys)? This is outrageous. Think about this for a minute…

The case was only allowed to be brought because of an illegal extension to the statute of limitations during COVID, seeming to only affect this type of accusation. The accusation having a striking resemblance to an episode of the accuser’s favorite tv show (law & order), with no physical evidence or witnesses to the alleged event, & the supposed “victim” cannot even provide which YEAR the event took place. Not too mention the explanation of the event by the “victim” details an assault physically impossible to commit for a person having only 2 arms, the “victim” tweeting their affinity for the TV show that her alleged attacker was the star/host, or that she thinks “(r)ape is sexy”. This type of recollective accusation is exactly why statute of limitations exist. E Jean Carroll gives the best argument against the “believe all women” movement.

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jim February 8, 2024 - 11:58 am

this judge is an AL COPONE in the court system

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Dr.BBA February 8, 2024 - 5:51 pm

This is a true Banana Republic but the only difference is in a third world country the lynch mobs would get justice. Here in the spineless good ole’ USA we just sit back and continuously take it like good little sheep!

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Johnny B February 8, 2024 - 9:00 pm

The issues in this trial should never be decided in a New York courtroom because of the bias against President Trump. Regardless of anyones personal opinion about President Trump, he deserves a fair trial and never received one in NY.
The judges are bias against him as well as the idiots that call that place home. If the entire state of NY withdrew from the US, would anyone object??? Most likely not.

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Paul W Thomas February 9, 2024 - 10:23 am

Judge Kaplan should either excuse himself or be brought to trial for being an accessory to the fact

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Jack Jones February 14, 2024 - 12:59 am

Well I see an appeal at the least, even if he has to take it to the SCOTUS to get it.

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