21/ Counsel: He had appeared with Ailes on TV, already friends in 1995. Donald Trump is lying... Tomorrow am Judge Kaplan will tell you about the law. He told you this is not a criminal case. It is a civil case. If he's liable, he's not going to jail.

The law allows you to compensate E. Jean Carroll. I'm not going to tell you how much. On behalf of our team and E. Jean Carroll, thank you.

[Whispered sidebar]Judge Kaplan: Jurors, you can start lunch now. We'll resume at noon w defense closing.

22/ Whoa.

Via Klasfeld that I missed:

Robbie Kaplan:

"News—

Robbie Kaplan says she will decline to offer a specific damage award request.

"For E. Jean Carroll, this lawsuit is not about the money."

Instead, she says, it's about getting her "name back."

23/ Catching up on the rest of Klasfeld. Here's more:

After Carroll went forward in the wake of #MeToo, Trump attacked her from his White House perch, Kaplan says.

Concerned for her security in the blowback, Kaplan said, Carroll started sleeping with a loaded gun in her bed.

Robbie Kaplan quotes psychological expert Dr. Lebowitz as saying: "People have really strange, really unexpected reactions to traumatic situations all the time."

24/ Though Tacopina suggested Carroll not screaming was implausible, the expert testified that screaming "is one of the least likely things to actually occur," Kaplan noted.

Kaplan says that Carroll remembers the alleged rape in "vivid, technicolor detail." [...]

"She remembers the sound of Trump's heavy breathing as he was facing the wall next to her neck." [...]

"She remembers certain things vividly, and other things, not so much."

25/ Kaplan:

"The psychological expert in this case believes Ms. Carroll."

Robbie Kaplan summarizing Trump's defense:

"If a woman is going to accuse a man of sexual assault, she must play the part."

Robbie Kaplan, later, on that subject:

"That's just plain wrong."

Kaplan refers to the "Big Lie" at the heart of Trump's defense: That Carroll, Lisa Birnbach and Carol Martin are all lying.

"I'm sorry. Seriously? That's just ridiculous."

26/ In fact, Kaplan notes, Martin and Birnbach's independent texts affirm that Carroll told them in 1996. Martin's private text refers to a "simple chat with a friend 25 years ago."

In another, Birnbach wrote Carroll: "It wasn't political in 1996 when you told me. It was personal." Kaplan notes that these were candid text messages that neither of them wanted exposed to the world during discovery:

"These were private texts that Carol Martin &Lisa Birnbach never expected to see the light of day"

27/ Martin's same text messages that showed unflattering statements about her friend E. Jean Carroll also showed them alluding to their 1996 conversation, where Carroll said that Trump attacked her.

In order to win, Trump needs jurors to conclude that all three women perjured themselves in the courtroom, Kaplan notes.

She adds that they know that didn't happen.

28/ Kaplan shows a chart of Carroll, Stoynoff, and Leeds allegations.

All share the following elements: "Semi-Public Place," "Grab Suddenly," and "Not My Type."

All fields are checked off for all three women.

Kaplan notes that they share another similarity:

None of them screamed.

Kaplan says that Trump's case boils down to a claim that everyone is lying:

"As Bugs Bunny used to say at the end of the Looney Tunes [episodes] that I loved as a kid, 'That's all folks.'"

29/ Kaplan asks jurors to reject that Carroll roped in several witnesses to give sworn testimony to an "extreme hoax."

Kaplan adds on that, later:

"Does that make any sense at all, or does that suggest that there is one person here who's lying — and that that person is Donald Trump?"

"Trump isn't offering a "middle ground" and doesn't admit that he was in Bergdorf Goodman.

He doesn't claim there was consent.

He claims that every "sworn detail" is a lie.

30/ Kaplan:

"You have to conclude that Donald Trump, the nonstop liar, is the only person in here telling the truth."

Me: Okay, that's everything. Recess, then defense closing.

33/ REMINDER: I'm posting from 2 sources watching this, so some redundancies in my thread.

Tac: "One thing in this country that cannot be compromised, that could not be bent, [...] is the justice system."

"It's our defense against all tyranny. Tacopina reprises his comments from the beginning:

No one's above the law. Absolutely, but no one's below it either.

Another one:

"Politicians don't make this country great. Jurors do."

34/ Tacopina contests framing that it's everyone else's word against Donald Trump. He claims Carroll's own testimony discredits her:

"He didn't tear apart her story. She tore apart her story."

Tacopina: People have passionate feeling about Donald Trump, either way. But the court is not the place to express it - that's for the ballot box. No one's below the law. If you apply the law to the facts justice will be served - quickly. Quickly.

35/ Tacopina: Ms. Carroll has abused the system. She brought a case for money, and victimized real rape victims, exploiting their pain and suffering. We cannot let her profit from her abuse of this process. I'm going to pull it all together

Ms. Kaplan said *maybe* Mr. Trump met Ms. Carroll at a TV studio in New Jersey... Or he saw a re-run. Maybe the door was open. I'm going to play you his denial:
[Deposition, Trump: It didn't happen. If it had, it would have been reported with minutes

36/ Tacopina: Let's put up Plaintiff's Exhibit 12
[That exhibit, released after Press request, is below - none of the defense exhibits have been released, nor withholding argued for by the May 6 deadline

Tacopina: How do you prove a negative? If Donald Trump had come, what could I have asked him? About some unknown date? This is a civil case. They could have called Donald Trump. But they didn't. They just want you to hate him enough

37/ Tacopina shows another clip from Trump's deposition, showing his client's response to a question about whether Trump reached out to Bergdorf Goodman:

"I didn't have to reach out to anybody because it didn't happen."

Trump on E. Jean Carroll in the deposition, shown to the jury now:

"I think she's sick, mentally sick."
Tacopina:

"That was his under oath testimony saying it's not true. I didn't do it."

38/ (re photo in #36 in my thread)
"For some reason, she held onto this photograph for three decades." He derisively discounts the notion that the image of the brief conversation shows Trump knew her.

Tacopina says Carroll's allegation forces the defense to prove a negative.

He compares it to an allegation of stealing a pen at an unknown date.

The only way to defend against it is to deny it, he says.

39/ (Again, these are redundant and out of order bc I'm quoting 2 court reporters here)

Tacopina: Why did they call Cande Carroll - to say, Dad told us to smile? It was all meant to distract you from E. Jean Carroll's story. Those other women have nothing to do it. They have no legal claim for you to decide. Ms Leeds says she was assaulted on a plane

40/ Tacopina accuses Carroll of inventing a detail about the rape allegedly happening on a Thursday on the witness stand.

"She tailored her testimony right in front of you."

He adds later: "What they want is for you to hate him enough to ignore the facts."

Tacopina on the testimony of Trump accusers Jessica Leeds and Natasha Stoynoff:

"They have nothing to do about whether you should believe E. Jean Carroll's unbelievable story."

41/ Tacopina highlights his cross-ex of Leeds, whose testimony that Trump sexually assaulted her on a plane he calls "absurd."

Q: So it is your testimony that getting sexually assaulted on a plane is sort of just rigors of travel?
A: Yes.

Tacopina: Ms. Leeds says she didn't tell her boss because she didn't want to complain about the rigors of travel. Are you kidding me? She says Donald Trump called her "the c*nt from the airplane," in front of his wife. She was enraged in front of her TV

42/ Tacopina: Ms. Stoynoff, I did ask her, Do you have anything for this jury to decide? How many times did they play the Access Hollywood tape - five? Donald Trump said women LET you do it. Yes it was crude. He apologized for it in the debate with Hillary Clinton [ME: 🤦‍♀️ 🙄 ]

They are using the Art of Distraction. They are trying to take parts of Donald Trump you hate and stretch them over her story. If this weren't about Trump, we wouldn't be here today. No way.

[ME: Weak, Tackypina, weak]

43/ Tacopina calls the testimony of the other accusers "distractions," saying they were called for the same reason they played the "Access Hollywood" five times.

He describes it as showing what Trump says women are "letting" stars do.

"It's crude, it's rude," he says.

(Again: I'M NOT THERE. I'm quoting @KlasfeldReports and Matthew Russell Lee)

44/ Tacopina hammers the Law & Order SVU episode testimony hard.

Tacopina: Here's the email about the Law & Order episode. What does Ms. Carroll say? That this kind of thing happens all the time. All the time? Rape in a lingerie changing room in Bergdorf Goodman? Give me a break.

Carroll's lawyer: Objection. Your Honor, you issued an order about this very issue, yesterday I think -
Judge Kaplan: Yesterday?
Carroll's lawyer Roberta Kaplan: I apologize, we wrote about it yesterday.

45/ More: Plaintiff objects, asking for a limiting instruction.

Judge begins: "There is a distinction to be drawn here, and ultimately, you will decide what to make of this if anything."

Judge tells jurors that the "alleged" episode was not offered for the truth of the matter.

He notes that the evidence before the jury was an email sent to Carroll about the episode.

If the email said the "moon was made of green cheese," jurors wouldn't need to conclude the moon was made of green cheese.

46/ Tacopina's distinction:

When asked about the existence of the episode, Carroll replied: "I am aware, yes."

"This seems pretty clear evidence [...] that that episode existed."
Tacopina said:

"Back to the coincidence: 'Are you kidding me?'"

He refers to the transcript:

Q: What do you mean amazing? I assuming amazing coincidence?
A: Yes. Astonishing.

47/ Tacopina derides allegation that his client would "risk it all" to rape someone across the street from Trump Tower, "within minutes":

"'Apprentice' over. Trump Tower over. Everything over."

48/ Tacopina:"Donald Trump is shopping in the most attentive, upscale store in NYC," possibly the "world."

Tacopina: According to Ms. Carroll, the sixth floor of Bergdorf Goodman was like The Walking Dead, the tv show. No one there at all. "That doesn't sound right, and I think you know that," he adds late... I come from regular stock, 👉 it offended me👈 when they said sales clerks cannot be trusted to follow the rules.

[ME: But Rapist Trump DOESN'T offend him?]

49/ Tac on Carroll:"She needs to reverse engineer a story. She needed to create a scenario where no one else would be involved — No one else would be involved."

Tacopina:

👉 "Her tights didn't rip after this 'colossal struggle.'"👈

[Me: EXCUSE ME??!]

Tac: Ms. Carroll had to reverse engineer her story. Then there's the physical attack she alleges. How does Mr. Trump unzip while she is hitting him with her bag, in 4 in. heels? So they have a hired gun, Dr Lebowitz, $650/hr. She was not credible

50/ Tacopina on Carroll's psychological expert Leslie Lebowitz:

"Her opinion here is meaningless because she has no firsthand knowledge of Ms. Carroll's claim."

[ME: Expert witness, genius, not eye witness]

Tacopina on the expert's report:

"This is an example of 'garbage in, garbage out.'" [ME: He just described Trump. Typical projection]

51/ ME: I literally gasped at this one:

Tacopina swipes at Carroll describing herself as a "massive" fan of "The Apprentice":

"You have to believe the show that she was a massive fan of was hosted by her rapist."

52/ Tac: Ms. Caroline didn't tell Dr Lebowitz she was a "massive fan," her words, of The Apprentice. Dr Lebowitz gave the example of a Vietnam vet who had a reaction to the smell of Vietnamese food. Ms. Carroll, no response. She watches the Apprentice.

I asked her, Did you joke around about having sex for money with Donald Trump? She answered yes, on Facebook. Here is Defense Exhibit CU - note: not a single Defense Exhibit has been made available, no argument offered https://t.co/CjV2jGqM9O

53/ Backing up a little, via Klasfeld:

Tacopina swipes at expert Dr. Lebowitz's findings:

"Ms. Carroll doesn't have anxiety, doesn't have depression, doesn't have PTSD."

ME: Wait, "doesn't have anxiety, depression..."? I thought she'd presented her "anxiety" (trauma) via testimony. WTH?

54/ Tac: Ms. Carroll wrote under her FB post, DX CU, Not taking off orange jumpsuit until Weinstein, Spacey & certain other hideous men are in jail. Defense Exhibit AW [Carroll about women down on the border getting raped around the clock.]

Tac shows this photo of a smiling EJean Carroll "gleefully" posing w, as he puts it, the likeness of her rapist.

(This is a plaintiff exhibit, from Carroll's "Most Hideous Men in NYC walking tour.)

Context: How Carroll explained her reaction.

55/ [From April 26: Showing her same photo, her atty asked her: "Why are u smiling next to someone who's dressed like Trump?"

"It's funny. He's not Donald Trump."]

[Re: FB post...[Carroll about women down on border getting raped around the clock.]
Tacopina: There was no border crisis in the mid 1990s. You know why she didn't go the police? Bc they would have investigated. A civil case is easy. There's no investig. Here, there's no diary entry. She said, She only writes about ball to the dog

56/ Tac speaks about lack of any entry in diary about Trump allegedly raping her.

Carroll said that she never made negative entries in her diaries. He says that a stip shows she wrote 3 negative entries.

Context: That's astonishingly few neg entries for her diary.

Stip also states:

Carroll turned over 3 diaries, each betw 234 and 266 pages.

3 neg. entries.

Those negative entries were about:

* being "distraught by political developments."
* her brother-in-law's death
* hurting her back.

57/ Tacopina: This was about selling her book. She claimed she didn't know what a signing bonus was- that was just wrong. She swore to tell you the truth, and didn't. She had a watch party for her lawsuit, like it was the NFL draft. She said status is important to her

Tacopina plays the Anderson Cooper interview, to "we have to take a break" and "You're fascinating to talk to," then tells jurors, You decide what that means. In this case, most of her crying was on direct examination

58/ Wow, Tackypina, just wow:

Tacopina: i"m the father of two daughters. I would never tell a rape victim what she should do - it's that she asked herself that question, about not screaming. She became a star. After the CNN interview she told friends that was having a wonderful time.

59/ Tac plays one of Carroll's podcast interviews for jurors.

In it, Carroll describing her getting her "revenge" on Elle for firing her bc she's more successful going independent on Substack.

Tacopina: She said she got her revenge on Elle with her Substack, she said "I'm back, so long Elle." Let's consider their reputational harm expert, 👉 not that she matters.👈 [ME: But matters enough to quote?] She didn't even weigh Ms. Carroll's work on her own reputation. She had a political motivation

60/ Tacopina: They took this out of her book, because it went too far: He's trying to kill me and poison my air. I asked her, Did you write that in your initial draft? It showed the political bias.

She wrote, Why isn't a rape allegation worthy of impeachment?

[ME: I've asked that very same question, but I digress...]