Blow by Blow: In 2d Trial with Carroll Judge Cuts Cross By Trump Lawyer Habba Citing Evidence 101

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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 18 – The Saturday before the second E. Jean Carroll versus Trump trial was to begin, Trump's lawyers filed a letter arguing that Carroll's Anderson Cooper 360 interview should be able to be played for the jury. 

 The trial on January 17 before U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan, repeatedly ran into issues Judge Kaplan said had been resolved in the first trial (which was live tweeted by Inner City Press, book here) 

On January 16 Inner City Press live tweeted the jury selection, Carroll's opening and then, for Trump who left before 2 pm, Alina Habba's, here

On January 17, these were along the clashes, here

On January 18, Habba's cross examination of Carroll continued, here

All rise! Judge Kaplan: Ms. Carroll, you're still under oath. [But the jury hasn't been brought in. Some laughter] Jury entering! [Good mornings exchanged] Habba: Ms. Carroll, have you spoken to your counsel about your testimony since yesterday? Carroll: No.

Ms. Habba: I was asking you about the five hour gap- Judge Kaplan: Ms. Habba, five hours have not been established. You might be well advised to refer to "the tap" Trump's 2d lawyer Madaio: Your Honor, this is an important point. May we have a sidebar? [it begins]

They're back from sidebar. Judge Kaplan: Ladies and gentlemen of the jury, I referred to an email, it may have been a tweet. You'll see it. Habba: The White House statement was not President Trump's statement, right? Carroll: It was not.

 Habba: You are not suing about the White House statement, or the Cut -- Judge Kaplan: This is not clear. Habba: I'm trying to clear it up. Judge Kaplan: Let's clear it up - Ms. Carroll, in The Cut it said President Trump denied, you're not suing on that?

Carroll: I am not. Judge Kaplan: You are suing about what Mr. Trump said, the second time on June 22, right? Carroll: Yes. Judge Kaplan: Now it's clear as a bell. Go on, Ms Habba.

Habba: Before the $7000 you were paid for the Cut article - Judge Kaplan: Argumentative. Habba: Did you get paid $7000? Carroll: No, it went to my publisher. Habba: Did you receive negative tweets before? Carroll: I wasn't on Twitter in the afternoon.

 Habba: You looked at the tweets in the evening? Carroll: Yes, in the hotel room. Habba: And did you look at the time they were sent? Please show the exhibit. What is this? Carroll: It's a tweet. Habba: Does it tag your account? Carroll: Yes.

 Habba: This tweet says, Nothing like making up fake news... And this one says, Drop this lie. Do they tag you? Carroll: Yes. Habba: And this, is this a reply to your tweet? Carroll: Yes.

Habba: This person is called Power To the Polish [like, shoes] Judge Kaplan: The person probably meant Polish [the country] Habba (laughs) And does it tag your account? Carroll: Yes.

 Carroll's lawyer: We object, under your prior rulings. Habba: This was before President Trump's statement Judge Kaplan: It is stricken. Habba: Ms. Carroll, what is this? Carroll: A tweet. Yes it tags me.

Habba: It says Your book must need pumping. At 3:22 pm

Carroll: Yes, the tweet is from 3:22 pm. Habba: And that's before President Trump's statement at 5:17 pm, right? Carroll: It seems. This one is my post. Habba: And this reply - I offer it as DX 69. Carroll's lawyer: This is cumulative. We'll stipulate before 5:17

 Habba: You posted, The most dangerous woman is the woman who has nothing to lose - and this reply calls you a lying sack of sh*t - that was before the President's statement was posted, right? Carroll: Right.

Photo by Matthew Russell Lee

 Habba: They would not have been able to speak to you if you were not on Twitter at that time? Carroll's lawyer: Objection Judge Kaplan: Sustained. It is striken. Habba: How about this one from "Rodeo Clown"?

Habba: Is Rodeo Clown replying to you?

Judge Kaplan: Do you have many more of these? Habba: I have six more. Judge Kaplan: I'll admit them if there is no objection. But you've taken enough time on this. Habba: May I be heard? Judge Kaplan: No.

Habba: This one says, You're a joke, no one would willing touch your ugly ass, this was before 5:17 pm? Judge Kaplan: Everyone knows the time. What are the numbers? Habba: DX 72, 73, 74, 75 through 78.

Carroll's lawyer: Can we have copies? I can't read fast enough Habba: I can't ask about them? With all due respect-

Judge Kaplan: With. All. Due. Respect - when I rule, you go on. Habba: So do you- Carroll's lawyer: Objection. Judge Kaplan: Sustained. Stricken. Habba: On what basis? Judge Kaplan: Move on.

 Habba: Wouldn't you agree that negative tweets are not necessarily tied to the President's statement? Carroll: They follow Donald Trump. They want to emulate him. Habba: I showed you early tweets- Carroll's lawyer: Objection

 Habba: Why do you believe that? How can they emulate if they were before? Carroll: They are standing up for the man they admire. Judge Kaplan: Ms. Habba, move on Habba: Did you authorize the excerpt? Carroll: I agreed with the final edit and that it should go live

 Habba: What is you Substack called? Carroll: Ask E. Jean. Habba: You make $70,000 on that? Carroll: Now it's $100,000. Habba: And there's royalties? Carroll: Yes. Habba: I hate to ask, but how old are you? Carroll: I'm 80. Habba: You make more now? Carroll: Yes

Habba: Your Substack was popular as soon as you started it in 2021? Carroll: It's a lot of work. Habba: You make a lot--

Judge Kaplan: Ms. Habba, this is Evidence 101. Ms Carroll, when there is an objection you should sit quietly until I rule.

 Judge Kaplan: Ms. Carroll what was your gross income in 2023? Carroll: $70,000. But now more, I write more --

Habba: How many subscribers? Judge Kaplan: That was definitely asked yesterday. Habba: Number of subscribers? Judge Kaplan: 1800. More on.

 Habba: Do you have social security? Carroll: Yes. Habba: Do you have a pension? Carroll: No. But I do have stocks. Habba: How much? Carroll's lawyer: Objection, Your Honor. Judge Kaplan: Sustained.

 Habba: Do you consider yourself a financially successful person? Carroll's lawyer: Objection! Judge Kaplan: Sustained Habba: Did you publish a text asking if a person would have sex with Donald Trump for $17,000- Carroll's lawyer: Objection Judge Kaplan: Sustained

Habba: You testified you were upset because certain tweets made you appear promiscuous, correct? Carroll: Correct.

Habba: Did you post sexually explicit tweets? Carroll's lawyer: Objection

Judge Kaplan: Sustained.

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