Due Process? Trump Got It, Good and Hard

Little Marco’s reaction was the best he could muster. “That jury’s a joke.” On the contrary, it was every bit as valid a verdict as it would have been had it found for Trump, as it did on the rape cause of action where he was not found liable. For those who understand nothing about trials, at least when it suits their convenience, this is the kicker in the verdict.

But would a jury so hopelessly biased against Trump jury reject Carroll’s rape claim? Or is that an indication that the jury actually weighed the evidence supporting each charge?

Of course, the flip side of ignorance “interprets” this finding differently.

Yes, it’s odd that the jury found Trump liable for sexual abuse but not rape, which is what Carroll accused him of, and Trump’s defenders may cling to that as a fig leaf of exoneration. But what matters is that for the first time, a court has affirmed what the women who reacted with stunned horror to Trump’s election have always understood. He’s not just a misogynist. He’s a predator.

David French is right. The fact that the jury did not find by a preponderance of the evidence that E. Jean Carroll proved her claim that Trump raped her contradicts the contention that the “New York jury,” deliberately put in scare quotes because that’s the spin, would have convicted Trump of kidnapping the Lindbergh baby, as Lindsay Graham put it. The jury weighed the evidence and reached a unanimous verdict, and on two of three causes of action found Trump liable. They did their job as any good jury should.

But contrary to Goldberg’s non-sequitur rationalization, the verdict was not a validation of #MeToo, a condemnation of all men or definitive proof that Trump was “guilty” of any and every accusation leveled. It was a trial. It was a full and fair opportunity to examine and cross-examine witnesses. To make argument against the plaintiff and for the defendant. And to put the verdict into the hands of a jurors, every one of which the defense had the opportunity to vet and challenge. Make no more of the trial, but no less either.

Yet there was always an explanation, a rationalization for the continued support. They’re all lying, Trump’s defenders would claim. Nothing has been proven. Why didn’t they take him to court?

But E. Jean Carroll did. She did exactly what Trump’s defenders demanded. She went to court, faced cross-examination, looked the jury in the eye and made her claims. She provided witnesses who supported her story, under oath. The court gave Trump a chance to answer, to do the same thing — to look the jury in the eye and state his case. He declined.

Immediately after the verdict, Trump did what Trump does, try to weasel his way out of responsibility for himself.

I HAVE ABSOLUTELY NO IDEA WHO THIS WOMAN IS. THIS VERDICT IS A DISGRACE – A CONTINUATION OF THE GREATEST WITCH HUNT OF ALL TIME!

What he neglects to do is explain why he chose not to take the witness stand and say this, deny he did it and subject himself to cross-examination. Why his lawyer, Joe Tacopina, would prefer he not testify is fairly obvious: Trump is the loosest of cannons, who couldn’t be prepped or relied upon not to blow himself up with answers so absurd, offensive or destructive, as to guarantee his loss. Indeed, Trump’s deposition testimony, which couldn’t be avoided, was a study in disaster. Women will let stars (like him) sexually assault and rape them, “unfortunately or fortunately.”  Parsing the answer would have made for delightful cross for at least a day or two, and there was nothing good that could come of it.

And what of the women who testified that Carroll told them about what Trump did to her and that Trump did it to others as well?

But the case was not a simple matter of “he said, she said.” Carroll provided her own testimony, of course. But she also presented evidence that she had told others about the assault at the time, as well as evidence from other women that Trump had assaulted them and touched them without their consent.

The admission of testimony that the accuser told others immediately after the assault does not prove the assault happened. After all, I could call up a few dear friends right now and make an accusation against someone, and that wouldn’t mean it was true. But what this testimony does is contradict the defense claim of recent fabrication. In other words, she didn’t just make it up to sue Trump.

Similarly, the testimony that Trump’s conduct conformed to the “infamous Access Hollywood” video, and to the allegations made by Carroll, doesn’t prove he sexually assaulted Carroll, but  to contradict a defense claim that he would not engage in such conduct. He said he would. Other women said he did. Carroll said he did.

Is all this unfair? Hardly. Trump had his lawyer in the courtroom, picking jurors. Giving an opening statement. Cross-examining the witness for the prosecution. Objecting to questions he found objectionable. Putting on a defense, or not as is his choice. And making his arguments against the accusation by the plaintiff on summation. In other words, Trump was afforded the fully panoply of due process rights, and whether you agree with the manner in which Joe Tac employed them, there can be no question but that he got a full and fair trial with every due process opportunity.

Trump had that day court he complained so bitterly about when judge after judge tossed his stolen election claim for its complete absence of evidence. This time, Trump got what he said he wanted. And he lost.


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8 thoughts on “Due Process? Trump Got It, Good and Hard

  1. B. McLeod

    I doubt that the decision not to testify was based on counsel’s advice. It is a tremendous handicap to defend a civil case where your party refuses to attend or testify. I suspect it was dictated by Trump based on his ego and his limited understanding of the preponderance of evidence standard. I wouldn’t take him as a client, and an extensive company of our colleagues have declined to represent him or even withdrawn after their initial efforts were frustrated by his coarse stupidity.

    1. orthodoc

      I am not sure you are correct that the decision was contrary to counsel’s advice. I had a colleague who was once sued over a business deal that went sour, and he was not able to robustly defend that claim (and had to settle it on bad terms) because of secrecy covenants he had with other business partners in other deals. A good counsel would tell the client what sort of questions he is going to face, and a good counsel will advise when the (true) answers that defend the current allegations might create more trouble in the long run. (eg, “This claim is ridiculous! I do all of my raping at Saks Fifth Avenue.”)
      Also, it is possible that Trump thought that if he was going to lose (and just letting this case go forward was a sign of impending badness) he might as well show contempt for the whole process by not showing up. Even winning this case, if it produced news stories of his appearance, might be a loss in the larger sense.

  2. A. Norris

    Full Disclosure: I voted for Trump in the General in 2016 and 2020 (I live and lived in a state where by the time of our primary it was already moot)

    Given that A: she did not remember the date, B: his lawyers was not allowed to call a non trivial number of witnesses that would have severely weakened the case (including one who’d have explained exactly how stores of that level work, and how the fact that Trump being alone enough to do that action would be… extremely unusual), as well as others… C: The stunt pulled with laws…

    Leads to D: This case is dead on appeal. It was pure political show to get exactly the reaction you posted.

    Is Trump a predator of a sexual nature? Perhaps. But this case should not be used, given he was given no realistic ability to rebut or disprove any claim below the preponderance standard. And given that standard, it still isn’t proof even if the trial was completely fair, it’s that the jury “found it more likely than not he sexually assaulted her, therefore it’s more likely than not he defamed her.”

    “More Likely than not.” Not “Yes, he did it.”

    Now, having said that, do I agree he’s a narcissist? Yep. Do I agree he’s a playboy? Has been, no question. But a sexual predator…. I’d want far more than this case, simply because frankly, between the Judge’s stunts in denying witness testimony, and the alleged victim’s own statements and history…

    I have severe doubts.

    Having said that, I’m NOT pro Trump, simply because I think, A: he’s too old, and B: too bitter. I do not think in this election he would be a good choice… But… we shall see.

    1. Miles

      What department stores are like is not a subject of pseudo-expert testimony. It’s common knowledge. Trump could have taken the stand and made any assertion he wanted about it. He didn’t. That was no one’s choice but his.

      As for appeal, don’t bet the farm, kiddo.

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