Oh, this makes my day. Hell, it makes my week. According to a new report on Politico, Trump may be about to learn that while the GOP may tolerate his filthy mouth and urges, the rest of us don’t have to.
Earlier today US District Court Judge Lewis Kaplan ruled on a couple of motions that had to be on the top of his anxiety list going into his upcoming defamation trial against writer E Jean Carroll.
In the first ruling, he threw cold water all over Trump’s die-on-this-hill attempt to keep Carroll from using his bawdy 2016 Access Hollywood video in the trial. And in his written ruling on the issue, he made his disgust with Trump’s tactic crystal clear;
U.S. District Judge Lewis Kaplan wrote that “a jury reasonably could find, even from the ‘Access Hollywood’ tape alone, that Mr. Trump admitted in the ‘Access Hollywood’ tape that he in fact has had contact with women’s genitalia in the past without their consent, or that he has attempted to do so.”
Ouch! See, dummy. This is what happens when you try to get all horndog and badass and shit in order to impress a 3rd rate hick like Billy Bush. But if Trump thought that was a disaster, the worst was yet to come.
In the second ruling, Judge Kaplan decided that two women who had previously accused Trump of sexual assault before his Trump Tower elevator bank encounter with Carroll could testify at trial for the plaintiff. And in another appeal proof opinion, Kaplan made his reasoning crystal clear;
“in order to prevail on her libel claim, Ms. Carroll must prove that Mr. Trump sexually assaulted her.”
Ah, what the hell. Since Kaplan was on a roll, and in the groove, he decided to gild the lily;
Without proving the underlying claim of sexual assault, the judge wrote, “she cannot establish that Mr. Trump’s charge that her story was a lie and a hoax was false.”
And because it’s traitor Tot, there’s always room for Jell-o. Back in November, Carroll filed a 2nd lawsuit for Defamation and Battery under a shiny new New York law. The 2019 suit under judge Kaplan is scheduled to go to trial in April, and it has not yet been ruled whether the two cases can be combined into one. Even if they aren’t Kaplan’s ruling today can serve as a roadmap if Trump’s attorneys try the same tactic before a different judge on the 2nd lawsuit.
The nice thing about this is that we won’t have to wait long. If I understand the law correctly, there will be one more hearing later this month for the judge to rule on any pre-trial motions, and after that it’s off to jury selection next month. I can’t wait.