Trump Files Emergency Motion over $50 Million Assault Verdict

0:00Does it surprise you that Donald Trump, who once said about his own sex abuse victim that, and this is in a deposition on video, that she enjoyed being sexually abused?

0:13Michael Popok:Is there any shock left that he is trying to abuse her again by trying to have the Second Circuit Court of Appeals issue an emergency injunction on a bad faith filing in the last 24 hours in which he wants the money back? The money a jury awarded her, she is the first and last person on planet Earth that had a jury, a judge once and for all Donald Trump and brand him a sex abuser. Lots of women have come forward. Many of them have given their narrative, their testimony, their truth in interviews, some even under oath in a courtroom. The only person who's ever had a jury, a judge, Donald Trump, and find him to be a sex abuser is E.

1:01Michael Popok:Jean Carroll. And she was awarded that money by that jury after a several week trial, after many levels and layers of appeal, Donald Trump losing every juncture. He then, when everything was done and all of his appellate rights were exhausted, and we were exhausted along with him, he said, Oh, no, I don't want the money paid. Judge Kaplan, you can't pay her the money, even though that's what your order says, because I still have one last piece of paper to throw into the United States Supreme Court. Forget it, said Judge Kaplan. And by July the 9th, she got her$5.8 million. dollars. He tried even then on the 8th of July to go to the Second Circuit and say, don't pay her the money.

1:48Michael Popok:Block Judge Kaplan's order directing the clerk to pay her the money. And they refused. Now that she has the money, Donald Trump has filed a new emergency motion to get the appellate court to do that, which he's never asked the district court, the trial court level to do, which is already a violation of a rule of appellate procedure. And wait till you hear what E.G. Carroll's lawyers led by Robbie Kaplan have to tell the Second Circuit about this bad faith filing. I think it goes beyond that. I think once they win this, and they will, and she gets to keep the$5.8 million that they file, I think they should file a motion for sanctions, for appellate misconduct and abuse led by Donald Trump and his lawyers at Sullivan and Cromwell.

2:34Michael Popok:I'm Michael So, Popak, let's get to this new development. I just reported a week or so ago, on the 9th, just 13 days ago, that E. Jean Carroll got the$5.8 million. Now, she's still waiting on the$91 million that Donald Trump also owes her as it makes its way through the last station stop on the train for the United States Supreme Court to reject Donald Trump's appeal of that one. This all stems from her being sexually abused in a dressing room by Donald Trump in 1996 and a department store diagonally across from Trump Tower. Jury believed that because it was true. And by the preponderance of the evidence presented, including the testimony of other women who were sexually abused by Donald Trump, and the jury credited their testimony and other evidence against Donald Trump.

3:24Michael Popok:Now, once that trial came out, other things that Donald Trump doesn't like, we call them facts, came to light. Like Donald Trump in a deposition mistaking E. Gene Carroll for his first wife. Remember, Donald Trump's primary defense, not that this is a defense to sexually abuse or raping somebody, is that he did not find them attractive. Donald Trump thought that would help him with the American people. So he said, I don't find her attractive. I don't even know who she is until a photo appeared of him with her and some other people. And it sticks in his craw that that photo got revealed. And so he said, and this is in the filing by E.G.

4:09Carroll's lawyers, to stop the injunction,

4:13Michael Popok:stop a court from ordering E.G. Carroll to pay back the money to Donald Trump or put it back in the court registry. It says, he says in a posting on June 29th, this is just the day after the Supreme Court, after 13 considerations rejected his petition for appeal without dissent. I mean, not one person on the Supreme Court, not one, not even Kavanaugh, not even Thomas, who have their own sexual abuse and discrimination problems, not one. He said, surprisingly, the Supreme Court declined to review a fake case brought against me by a woman I never met. And then he said he references the photo. Decades old celebrity photo line standing with her husband does not count.

4:58Michael Popok:You can see that E. Jean Carroll rents space for free in Donald Trump's real estate of his brain. Now, at the top of this hot take, I said that Donald Trump once said about E. Jean Carroll that she enjoyed being sexually abused. If you thought I made that up, here's a clip from his deposition. He's under oath here, folks. Play the clip. I think she said it was sexy, didn't she? It was very sexy to be ripped. Didn't she say that? So, sir, I just want to confirm. It's your testimony that E. Jean Carroll said that she loved being sexually assaulted by you? And when you're a star, they let you do it.

5:33You can do anything. Grab them by the pussy. You can do anything. That's what you said, correct? Well, historically, that's true with stars. It's true with stars that they can grab women by the pussy? Well, that's what, if you look over the last million years, I guess that's been largely true. Not always, but largely true.

5:51Michael Popok:Exactly. Now, the photo I know from having interviewed E. Jean Carroll's lawyer, Robbie Kaplan, of E. Jean Carroll there with her husband, John Johnson, at the time, a newscaster of a certain celebrity in New York, and Donald, and laughing about it. It wasn't a selfie, in other words. He wants to make it look like it was a selfie. You know, like when you don't know a celebrity and you photobomb them or you force them into a photo and they stand there like, because they don't really want to be there. This wasn't a photo bomb. There wasn't selfie sticks back then. This is the 90s or the late 80s.

6:27Michael Popok:This was people who knew each other having a good laugh. And when Donald Trump was presented with it, I know that E.G. Carroll's lawyer, Robbie, just wanted him to acknowledge that he knew her or he had met her before. But it took a different turn. And then it undermined and made Donald Trump look ridiculous. And you see, he's still smarting from it today. Play the deposition clip. I don't even know who the woman, let's see, I don't know who, it's Marla.

6:57You're saying Marla's in this photo? That's Marla, yeah, that's my wife. Which woman are you pointing to? Here. The person you just pointed to was E.J. Carroll. Who is that? Who is this? And the person, the woman on the right is your then wife, Ivana? I don't know, this was the picture. I assume that's John Johnson, is that Carol? because it's very blurry.

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8:44Michael Popok:That's Q-U-A-L-I-A life.com slash LEGALAF and use code LEGALAF. Thanks to Qualia for sponsoring this episode. Now, the primary argument, we'll put this filing by E. Gene Carroll's lawyers that just came in the last 24 hours up in LEGALAF substack. The primary argument is he can't ask for an injunction. Under Rule 8 of the federal rules of appellate procedure, you've got to seek that kind of injunction with Judge Kaplan, the district court judge, and you never did. And in order to get an injunction, you have to satisfy four elements. You have to show that you will likely succeed on the merits. In other words, you're going to win at the United States Supreme Court.

9:26Michael Popok:Already he's not going to win at the United States Supreme Court. They 13 times from February until June, they looked at that request for an appeal and they rejected it, meaning not one. He couldn't get four out of nine votes. and he controls six of them, to take up the appeal, let alone five to rule in his favor. And finally, it looks like all nine without dissent threw out the appeal, denied the appeal, period. An appeal about whether Judge Kaplan let in certain evidence of prior sexual abuse or not correctly, which he did. So he says, well, I got one more, even though the stipulation about paying her says, as soon as all my appellate rights are exhausted, including a writ of certiorari of appeal filed with the Supreme Court being rejected.

10:11Michael Popok:But I'm going to do a motion for reconsideration. Well, so what? You do that on your own dime. You do that on your own dime. She gets paid in the meantime. And if you somehow win, she'll pay you back. Oh no, she won't pay me back. But that's not irreparable harm. That's not inadequate remedy at law because there's no evidence that she won't pay you back. It just means that for the next two years, the money's on her side and the ledger, not yours. You've made her wait three years. Isn't that fair? Page three. They say there is more. Plaintiff E. Jean Carroll knew who she was dealing with when the jury rendered its verdict.

10:47Michael Popok:For that reason, the party's stipulation entered on June 23rd, 2023 by the court explicitly provides that the judgment should be dispersed upon a denial of a timely filed petition for writ of cert, which has now occurred. The stipulation and order say nothing about a petition for rehearing and defendant cannot rewrite the plain language of the party's agreement now. They also remind the court on page 20 that she's 82 years old and that further delay, further gamesmanship by the defendant should not be rewarded. They know they're going to lose this. Trump just wants her to die. Let's call it out for what it is and pay the estate of E.

11:29Michael Popok:Jean Carroll. Then pay E. Jean Carroll and let her benefit from the payment, whatever she's going to do with it, in her lifetime. And that's just wrong. And that's inequitable. And that's unfair and unjust. And yet another abuse of his sex abuse survivor. They also say on page 21 and 22 that the public interest would not be served by further delay. Public interest is having plaintiffs who might be entitled to recovery receive compensation while still living and able to use it to improve the quality of their lives. That was a case involving the World Trade Center. And then they end it this way.

12:10Michael Popok:One paragraph sums it all up. Defendant as lost before a jury. This is Trump. The district court. A unanimous Second Circuit panel. The full Second Circuit en banc, meaning all 20 judges of the Second Circuit, and the Supreme Court of the United States. He agreed in a signed stipulation that Carroll could collect her judgment once a certiorari petition has been denied. That happened. Carroll should not have to wait any longer. I also love the fact they never use the name Trump, except when they have to identify him at the beginning. It's always the defendant and he. They're not going to give him the honorific of President Trump.

12:48Michael Popok:This case wasn't about President Trump. This case was about E. Jean Carroll, sex abuse survivor against her tormentor and predator, Donald J. Trump. It was then, it is now. He's been branded a predator and a sex abuser by a jury in New York, plain and simple. Supreme Court has not bailed him out, and I don't think they will. The only way the Supreme Court could grant a motion for reconsideration is if they found there were new evidence that was missed. What is the new evidence? They've already considered the argument, Sullivan and Cromwell, the law firm for Donald Trump, put it in their papers, in the petition for appeal.

13:26Michael Popok:Main arguments, oh, they let in the testimony of two sex abuse survivors of Donald Trump in another context. Okay, federal rules of evidence allow in a sex abuse case you to put in prior bad acts involving sexual misconduct in front of the jury. It's an exception to the general rule that prior bad acts don't come in to prove the current conformity therewith in a current trial. But there's an exception in the rules of evidence created by Congress for sex abuse cases and sexual misconduct cases, plain and simple. Oh, the Access Hollywood tape shouldn't have come in. We're him saying he could grab a woman by her genitalia and get away with it.

14:10Michael Popok:Why shouldn't it come in? It shows his misogyny. It shows his approach to sexual misconduct, how he mistreats women. Of course, that should have come in. And even if it came in and it shouldn't have come in, it's not reversible error. That's the argument. Because there was a mountain of other testimony the jury considered, including the live testimony of E. Jean Carroll, which was not refuted by Donald Trump, who did not take the stand. He was busy golfing in Scotland instead. He made that calculation not to testify. And the testimony of witnesses, what we call witnesses, outcry witnesses. Those are witnesses who at the time that the sexual abuse happened, she spoke to two of her friends.

14:55Michael Popok:One wrote the Preppy Guide, Carolyn Birnbach. She wrote a book about Preppies, the Preppy Guide to Life or whatever it was. and Carol Martin, who was a local CBS news reporter. And the reason she put on those witnesses is because there was an argument that she waited like 25 years to bring up the case. But at the time it happened, she told her truth to those two witnesses. We call them outcry witnesses. And they testified that after hearing what happened to her in the dressing room, they said, E. Jean, you were raped. I mean, because she couldn't even believe it and what had happened to her. She has a passing knowledge of Donald Trump.

15:35Michael Popok:And they testified. So that's one of the reasons the Supreme Court doesn't want to touch it. The second case she has for about $92 million, that's going to kick around the United States Supreme Court probably until the beginning of the new term, which begins in October. That's about whether immunity, not criminal immunity, because this was not a criminal case, this was a civil case, but whether Donald Trump, when he defamed her again as president of the United States the first time, and he was and punitive damages were awarded against him, whether he was doing his official job, his employee badge as president, his scope of work, we call it Westfall or federal employee immunity, whether that is covered or not or whether that was waived or not by Alina Habba.

16:21Michael Popok:I believe it was waived. The Second Circuit believes it was waived twice. And now the Supreme Court hopefully will find the same thing and she'll get her$92 million running with interest. We'll continue to follow it right here. I'm Michael Popak. Take a minute, hit the free subscribe button. Help us to continue to grow our pro-democracy channel on Legal AF. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at Legal AF MTN.

16:58Michael Popok:That's at Legal AF MTN.

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