Admittedly, if I was representing Donald Trump in his upcoming defamation suit for calling E. Jean Carroll a liar about the alleged rape, I would most certainly move to suppress the Access Hollywood tape as evidence. It is highly inflammatory. But a lot of evidence is highly inflammatory. The judge will question whether or not it is sufficiently informative and does it provide highly relevant information to the jury. It will be dicey. I honestly see it as a 50-50 call.
But Trump definitely doesn’t want the jury to hear that evidence… again. They will have all heard it before. It is reminding them and putting it in a context that is the real question.
From the NY Daily News:
Donald Trump doesn’t want the jury at his upcoming civil rape trial to see or hear the infamous Access Hollywood Tape — in which he quipped about molesting women — nor anything about his multiple sex crimes accusers.
In court papers filed late Thursday, Trump’s lawyers Joe Tacopina and Alina Habba asked Manhattan Federal Court Judge Lewis Kaplan to bar E. Jean Carroll’s lawyers from introducing the tape into evidence when the case unfolds on Apr. 25.
“And when you’re a star, they let you do it. You can do anything,” Trump is heard in the 2005 clip telling former “Today” show host Billy Bush. “Grab ’em by the p—y. You can do anything.”
Well, Biff, I have had a chance to get to know some women, hundreds, actually – and out of those hundreds and hundreds, I bet that only a small minority will let a “star” do what you’re describing. Trump knows this. He’s likely been pushed away – successfully – by more women than he’s ever overpowered and abused. Some women consent, and if they do, that’s their right. It’s their body.
But it’s never acceptable to just “grab em” because you find yourself powerful enough to do it (Or think you’re powerful enough). It is highly possible that the judge finds the tape highly inflammatory BUT relevant for one reason. Remember Trump saying he needed to eat a mint or some gum? That proves – to me – that it actually wasn’t “just” locker room talk. He affirmatively acted because he actually does think it “could happen,” and that’s more than just braggadocio. That’s an action taken in contemplation of what he might do.
If I was E. Jean Carroll’s attorney, that is certainly what I would argue. OH! And please don’t forget that you are paying for Donald Trump’s defense. Trump convinced Bill Barr that this was part of his job (Calling Carroll a liar), and thus the government owed him a defense. Shockingly and unforgivably, Merrick Garland agreed to continue Trump’s representation. Thanks, Merrick. You must be very excited, hoping to “win” that case for Trump.
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[email protected], @JasonMiciak, SUBSTACK, RIHANNA’S ‘SATANIC’ HALFTIME SHOW… AMIDST MASS SHOOTINGS AND ABUSE OF MIGRANTS
Maybe that’s why he’s been so reluctant to hold the rapist accountable for raping our democracy. You know merrick, not all the jews in the camps were murdered. Some worked for the nazis. Fact. Which side are YOU on?
You frequently go way beyond the pale in all your faux moral indignation but this time is reprehensible even for you.
Scott, I agree with your disgust at both Trump and Garland for a lot of stuff, but whoa. You clearly have not seen Sophie’s Choice and you clearly don’t have any clue at all about the situation the kapo’s were put in. Does “do this or we kill your family” mean anything to you? How about the understanding that kapo’s sometimes could do things like surreptitiously and carefully help (looking the other way and letting others know they’ll look the other way) people smuggle scraps of food into the camps or ghettos. No Scott, like Joseph says, this analogy is truly beyond the pale. Sorry buddy.
Heaven forbid that the jury be reminded of Trump’s attitude toward molesting women, and his essential nature of thinking he can always fo it and get away with it. I think it’s important evidence, frankly.
I posted it yesterday and I’ll do it again today. Garland turned out to be a BIG mistake, I don’t believe he’ll ever indict traitor trump for anything. Biden should have fired him a long time ago.
So, you’d have Biden do something that Trump would have done because Garland isn’t working to YOUR schedule?
Really?
So, how much legal experience do you have? How many cases have you investigated and prepared for a trial? And what’s your success rate in your judicial lifetime?
I swear, it seems like there are a shitload of legal quarterbacks who seem to have ALL the information needed to conduct a successful indictment that would lead to a successful prosecution. But ALL OF YOU seem to forget that a FAILED prosecution is actually worse than a case that “seemingly” never goes anywhere. Al Capone went to jail for tax evasion–not any of the more serious crimes he’s believed to have committed or masterminded. Do you think any of the people who suffered because of Capone’s actions were more mollified because he went to jail for tax evasion than if he’d been sent away for masterminding the St Valentine’s Day massacre? Based on the way “some folks” on this site act, they’d be all for just putting Capone in jail for the rest of his life even though no one actually had any proof that Capone did anything at all. Yes, Capone was really ticked with Bugsy Moran but, you know, that’s NOT evidence of any actual crime.
Again, if ANY OF YOU have actual hard evidence that will withstand court scrutiny (weren’t we all laughing at Trump’s people who kept claiming they had all this evidence of fraud but wouldn’t present it until a court heard their case because, you know, that’s not how courts work when it comes to evidence?) instead of a lot of “strong feelings” and “beliefs” about guilt, then I suggest you all send it to the authorities. All through 2016, Trump kept braying about locking up Hillary Clinton and all of us (even the Hillary-haters) were laughing because he couldn’t ever mention an actual crime for which she’d been indicted. And that is EXACTLY how way too many people on this site are acting. They don’t care about a trial; they just want Trump in jail. And if any of you would like to explain how that makes you different from the fascists, I’d love to see your babble.
I gave you a thumbs up for the reminder. But…
I have quite a bit of legal experience as a lawyer. I’ve tried cases, some successfully.
You are correct. They are hard. A former president is the hardest. But I would encourage you think about the fact that DOJ didn’t seem to have any interest in even investigating him until they were embarrassed by Congress.
We knew the day that they empaneled a G.J., essentially the start of a serious investigation, until after Congress started getting the information. DOJ then went about trying to get Congress’s transcripts. It should have been the other way around (although DOJ wouldn’t be able to give up its transcripts.
It is easy to see that the DOJ didn’t start investigating Trump and January 6th until Congress made so much progress. By that point, it had lost a year.
It was Mitch McConnell who said, after voting “not guilty” on Trump’s impeachment, that it was a law enforcement matter, certainly implying that he expected an immediate intense investigation into Trump.
And I don’t see it. I refuse to apologize for being a Merrick Garland critic. He now has us in the middle of the next damned campaign! He played right into Trump’s hands by passing it off to a new guy once Trump announced, which was Trump’s entire point. We were assured it wouldn’t cost time, it’s cost a massive amount of time. They absolutely should have had subpoenaed Pence/Meadows by summer last year at a minimum. Instead, it’ll be this summer, another lost year.
Trying Trump and losing isn’t the worst thing on earth. It is not trying Trump at all that is the worst thing on earth. WE might as well give him our democracy. If you can plan out and carry out what amounts to a coup and pay no price? Not even go through a trial, forget it, we’re done.
And Biden wouldn’t be Trump. Trump went through 3 A.G’s in a four year term. I want Garland out if Biden wins another term.
Joseph, are you, like, a repository of 20th Century US history? Pretty good answer there, my man! Thanks for enlightening me on the name Bugsy Moran. Never heard of the guy til now. Thanx 🙂