Trump Walks Back into Defamation Case

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2:54Michael Popok:According to Donald Trump in a new filing, he didn't sexually abuse E. Jean Carroll. The United States of America did. Oh, I'm not making it up. It's in a new rambling, defamatory, disparaging social media post right after Donald Trump lost effectively 9-0 at the United States Supreme Court about his sexual abuse against E. Jean Carroll. I mean, it's bad when the two people on the Supreme Court who have been accused of sexual abuse or harassment in their own lifetimes, Justice Kavanaugh and Justice Thomas, did not come to Donald Trump's rescue to get him out from under the sex abuse judgment by a jury in New York.

3:32Michael Popok:E. Jean Carroll is trying now, finally, under a court order, to collect the$5.5 million now running with interest judgment in the first trial that she had. I'm putting aside the$90 million she's now owed for the second trial. We're just talking on this particular video about the$5.5 million. And now it's time to pay up. It's the end of the line, but not for Donald Trump. He actually posted in a social media post that the case is not against him. It's against the United States of America. No, it's against you as a judge sex abuser. I'm Michael Popak. you're on Legal AF and the Midas Touch Network.

4:14Michael Popok:Let's get to the new emergency filing by E. Jean Carroll, her lawyers, Robbie Kaplan, who has filed a motion with Judge Kaplan, no relationship. I'll tell you about that in a minute, in which she said, enough is enough. I'll read it to you in a moment. Enough is enough. It's time to pay. Judge, we had a order in place since last June that said, will wait patiently until Trump loses or has their decision at the United States Supreme Court. He lost. The petition was denied. 9-0 after 13 tries. Time for us to collect the money that's been sitting in the court registry with interest, which is now$5.5 million, issue an immediate order.

4:56Michael Popok:And then she says, and by the way, the person who's been defamed and two separate juries have found that E. Jean Carroll has been mercilessly defamed by Donald Trump, clubbed like a baby seal, including during the trials. One jury said, no,$5.5 million. Second jury said$83.5 million. That's the one Donald Trump testified in. Okay. He's still defaming her. Let me read to you from the defamatory social media post that has been reprinted by Robbie Kaplan in her filing for E. Jean Carroll in the last 24 hours. Following the Supreme Court's denial, defendant made a post on Truth Social that same morning in which he continued his stream of defamatory attacks on Carroll.

5:43Michael Popok:Trump, surprisingly, the Supreme Court declined to review a fake case brought against me by a woman I never met and a decades-old celebrity photo line standing with her husband does not count. Hold that thought about the photo because there's testimony about the photo that lost the case for Donald Trump. I will continue the fight against this weaponization and lawfare case against me, including the ridiculous claim of defamation with all of my power and strength. This case is really against the United States of America. It isn't. And that's defamatory. Again, if I mean, if I'm a Jean Carroll having two separate juries find that she was a sexual abuse victim, having having the judge rule in one of his orders that she is that she was technically raped by Donald Trump.

6:30Michael Popok:The only reason for sexual abuse versus rape had to do with what the jury was able to conclude from testimony about how she was attacked when her eyes were closed. And this judge is going to be triggered, I assure you, by this filing. Trump got into it with this judge. This judge, of course, in that boxing match, the judge wins by knockout. Trump was talking out loud, trying to influence the jury, huffing and puffing, trying to intimidate E. Gene Carroll. The judge had enough with it, told him to sit down and shut up, and the two of them got into it. And of course, the judge won that fight. The judge also has had his decision affirmed by the Second Circuit Court of Appeals, three-judge panel, the Second Circuit Court of Appeals, all 20 judges, the United States Supreme Court.

7:22Michael Popok:So he could be feeling his oats right now, right? And he's not going to like having seen Donald Trump in action, including defaming her during the trial and both trials. He's not going to like that he's defaming her again to try to delay payment. My day, it revolves around information, interviews, legal analysis, research, conversations, prepping for shows. There's a constant stream of details coming in, and the challenge isn't finding information. It's keeping track of it. That's why I've been using Plod. Plod creates AI-powered wearable devices that help capture, organize, and recall information from conversations throughout the day.

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8:43Michael Popok:When your work depends on facts, details, conversations, PLAUD helps you stay organized and informed. Get up to 20 % off with code LEGALAF at PLAUD.AI slash LEGALAF. That's P-L-A-U-D dot A-I slash Legal AF. How do we know he's trying to delay payment? Because they had to file this motion. Here's what the new motion, and they're seeking expedited briefing to get the payment quickly, like perhaps in the month of August. Here's what the filing says. Yesterday, the United States Supreme Court denied without dissent defendant Donald Trump's petition for writ of certiorari. That's his ability, his attempt, last gasp, patent to get the case up at the United States Supreme Court for review.

9:32Michael Popok:A final outcome that, as the parties agreed in this court, expressly ordered back in June of 2023, entitles Carroll to collect any monies owed by the defendant to plaintiff. Because there's a stipulation that the court, that the judge entered. Here it is right here. We'll put it up on Legal AF Substack. Stipulation and order regarding the use of cash. And if you go to paragraph eight, it says as soon as there is a denial of a timely filed petition of writ of certiorari, she gets her money without further delay. But they continue with what they have to tell the court. This is Robbie Kaplan for E.

10:09Michael Popok:Jean Carroll. Having lost his bid to obtain review before the Supreme Court, defendants continue to be dilatory and slow rolling his defenses, asserting or inventing a new one each time his prior effort to delay the case fails. That's a finding by the judge in prior actions by Trump in this case. This time around, he remarkably seeks to further delay Carroll's collection of the judgment awarded to her in 2023 by stating that he's considering whether to move for reconsideration. Oh, I'm glad you're considering whether to move for something that's never going to be granted by the United States Supreme Court.

10:46Michael Popok:As Robbie Kaplan writes, this is the end of the line. After a nine-person jury unanimously found defendant liable for sex abuse and defamation, Your Honor denied a motion for new trial. A unanimous Second Circuit panel, three judges, affirmed and the full court declined to reconsider. And now the Supreme Court has declined Defendant Trump's invitation to review this court's judgment. There wasn't even a dissent. Thomas Alito, Kavanaugh, any of the people accused of sex abuse, none of them said, well, I would have granted that petition. No. Now they have a separate judgment. to consider on another petition because she didn't win once.

11:29Michael Popok:E. Jean Carroll won twice on sex abuse and defamation of punitive damages. The second trial, Donald Trump testified, that made it worse, especially when he got up in the middle of the courtroom and stormed out of the courtroom in front of the jury. That's the moment when he lost. How do I know that? Because E. Jean Carroll told me that during an interview. Here's E. Jean Carroll. What was the moment in that trial? Was it the photo and Robbie's masterful cross-examination that got played about not recognizing you along with your former husband in the picture? That is the funniest. Your moral of a place.

12:05Michael Popok:Is that the turning point for the jury? The dialogue I said to Sean earlier, we were discussing your book, I said it was, you know, Chico Marx is told by Samuel Beckett. It was hilarious. Thank you. Wow. But the cross-examination was hilarious. She, I think, now people will argue with me about this. That was the moment when the Carroll team knew we had won back in the deposition. We just knew. But the moment we thought we won the trial was Robbie was giving her final argument and she was fired up. She had taken all the evidence from his fraud case deposition about how much money he had and was telling the jury how rich he was.

12:56And as she was saying, how much will it take to make him stop? She drove him so insane, he stood up and walked out.

13:12Michael Popok:Steve Winick - All right, he left. And the jury saw that. And boy, that's what a guilty man does. He turns tail and Robby Kaplan ran him out of court. Yeah, that makes a lot of sense. Now, that one returned 83 and a half, now up to 90, over$90 million running with interest that Donald Trump has posted with a bond. He's trying another petition on that one. Again, he lost the Second Circuit. They're arguing, well, he was president at the time he defamed her. So he gets immunity. Yeah, no, that's not how immunity works. And they waive the argument because Alina Haba never raised it in court. and the Second Circuit said that and now it's up at the United States Supreme Court.

13:58Michael Popok:I don't think he gets five votes to get him out from under being a sex abuser and the$83.5 million judgment. I don't think Amy Coney Barrett is going to side with that. I don't think even Roberts is going to side with that. It's not a criminal case, it's a civil case. And they're not going to undercut the jury award and find immunity. That's what Donald Trump's talking about in his social media post when he says, this is really an American problem because he's trying to get United States of America, you and me substituted in as the party so that he doesn't have to pay up. Now, he also says, this is interesting, he also says he refers to this decades-old celebrity photo line, standing with her husband does not count.

14:39Michael Popok:What's that all about? Okay. He said he never met E. Jean Carroll. He said she wasn't his type because he's disgusting, and he always goes after women who accuse him of being a sex abuser or worse, he always says they're ugly and he would not have done that, as if that's an excuse. So it came up in the deposition that the Robbie Kaplan, E. Jean Carroll side, found a photo of E. Jean Carroll standing in a line, smiling and laughing with her then husband, John Johnson, who was a very famous newscaster in New York, WABC. I grew up with John Johnson. And there was Donald Trump and his first wife, Ivana.

15:25Michael Popok:So they used the photo thinking, and I had Robbie Kaplan on to talk about this, they thought it was just going to be to show that he had met her before. But when he got the photo, he said out loud, he thought that E. Jean Carroll, who he said it was too ugly for him to have sexually abused, he thought it was his other wife, Marla Maples. He actually thought both of his two of his wives were in the photo together. And and Alina Haba had to try to bail him out. In fact, we have a clip of that deposition. Here we go. Play it. I don't even know who the woman. Let's see. I don't know who. It's Marla.

16:05You're saying Marla's in this photo? That's Marla, yeah. That's my wife. Which woman are you pointing to? No. Here. Carol. The person you just pointed to was E.J. Carol. Who is that? Who is this? Just pointing to your wife. And 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? That's Carol. Because it's very blurry.

16:28Michael Popok:Another reason he lost at trial, when that was played at trial, and he looked completely ridiculous. That's what he's referring to there because that's his tell. Now, what's going to happen? What they've asked the judge to do is expedite briefing on this to not allow the Trump to drag his feet any longer and to order the clerk to pay the money like this week, next week to E. Gene Carroll, period, without delay. Now, he's going to give Trump the right to file a brief, but I think in the next day or so, and I'll report back on Midas and on Legal AF Substack, he's going to order fast briefing here.

17:06Michael Popok:It's not going to be by Friday. It could be. But I think right after the 4th of July weekend, he's going to ask for immediate briefing, and then he's going to make his ruling. And I think it's going to be in E. Jean Carroll's favor. And I've reached out to E. Jean Carroll and to Robbie Kaplan. I think they're waiting for these papers to kind of settle and the order to come out and maybe on the 83 and a half million. And then I'm sure I'll get them on to brief our audience. In the meantime, I'm Michael Popok. Have a great Fourth of July weekend. So much amazing programming over on Legal AF YouTube channel from now throughout the weekend, including some amazing new interviews that I'm doing.

17:40Michael Popok:Join us there. Until my next report, this is Michael. Can't get your fill of Legal AF? Me neither. That's why we formed the Legal AF Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF. What else? All the other contributors from Legal AF are there as well. We got some new reporting. We got interviews. We got ad-free versions of the podcast and hot takes. Where? Legal AF on Substack. Come over now to free subscribe.

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