CASE OF THE MONDAYS

Delay in Trump’s Rape Defamation Trial Means No Verdict Until After NH Primary

Trump finally got a break in his rape defamation trial Monday when a juror called in sick, almost certainly pushing the verdict until after the New Hampshire primary.

Donald Trump’s rape defamation trial was postponed Monday after a juror called in sick and an attorney for the former president said she was fighting a fever all weekend.

U.S. District Judge Lewis Kaplan decided to hold off on proceedings Monday, indicating that if anyone is sick with COVID-19, then the trial could be delayed even further.

The postponement means Trump likely won’t get a verdict before the New Hampshire primary in this second civil trial determining how much more money he owes journalist E. Jean Carroll for denying that he sexually assaulted her decades ago in a Manhattan department store.

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Trump is facing a punishing verdict from the New York jury, but his lawyers have seemed from the start like they’re trying to drag out a decision until after New Hampshire voters go to the polls on Tuesday.

A separate jury in a previous iteration of this matter slapped Trump with a $5 million punishment for sexually abusing Carroll and lying about it. This second jury is deciding whether he caused Carroll significantly more damage when he countered her claims and insulted her from the White House in 2019.

In court on Monday, the judge explained that the juror sitting in seat number three fell ill and was on his way into the city, but was turned back by the court and ordered to take a COVID-19 test. Additionally, Trump defense lawyer Alina Habba told the judge she was feeling sick after having a weekend dinner with her parents, at least one of whom tested positive for the coronavirus. Although she and her law partner, Michael Madaio, took COVID tests that came back negative, studies have shown that those with the virus may exhibit symptoms while still not having their condition verified by take-home tests.

Carroll’s lawyer, Roberta Kaplan, told the judge she would prefer to forge ahead despite the missing. Meanwhile, Habba—who has asked for multiple delays to this trial—said she welcomed pushing it back further.

“I don't see a problem with a short delay for a day… I'd like to have a full panel,” Habba said about the jury.

This minor hiccup could delay what was expected to be a swift judgment against Trump, given that the trial was only expected to go another day or two and end with a potentially massive verdict against Trump.

The real estate billionaire continues to call Carroll a liar and disparage her on the campaign trail as he seeks the 2024 Republican nomination in the race for president.

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Jose PaglieryPolitical Investigations Reporter

Matt FullerEditor

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