Inner City Press
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Matthew Russell Lee for/as Inner City Press covers SDNY, UN Gate, banks & IMF. books
New York, USA: SDNY & UN Gate
Joined May 2008
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After 10 years reporting on the
#UN
, ICP was thrown out on 2 hrs notice, Banned. Now this petition:
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Habba: Ms. Carroll, are you aware it is illegal to delete evidence?
Carroll's lawyer: Objection
Habba: I move for a mistrial, evidence has been deleted
Judge Kaplan: Denied and the jury will disregard everything Ms. Habba just said
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Habba: Do you know if there is a communications team at the White House?
Carroll: I don't know.
Habba: I represent to you that it does -
Judge Kaplan: You're not going to be representing anything, or you'll be a witness.
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@sdnylive
@MatthewLeeICP
@XXL
@revolttv
@TIDAL
@pitchfork
@HotFreestyle
@JoshPescatore
@TMZLive
@FUNCA_info
Judge Engelmayer: Mr Hernandez, please rise. It is the judgment of the court you are to serve a term of 24 months in prison, with five years of supervised release.
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Habba: Only one question?
Judge Kaplan: You can ask the 2d question.
Habba: "Why did you make the statements"-
Judge Kaplan: No.
Habba: I have a right to ask about intent.
Judge Kaplan: I will decide what he has a right to do here. That's my job, not yours
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Judge Kaplan: No, we are not going to read out loud a document not yet in evidence. We are going to take a break right here to 3:30 and you're going to refresh your memory about how you get a document in.
Thread will continue
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@sdnylive
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@XXL
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@TMZLive
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@TIDAL
Q: Who is Jim Jones?
#6ix9ine
: He's a retired rapper.
Q: Is he a member of Nine Trey?
A: Yes.
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Habba: How do you suggest I proceed?
Judge Kaplan: Show it to her, ask if she recognizes it.
Habba: Do you recognize it?
Carroll: Yes.
Judge Kaplan: It's not marked. It should be marked. Do it appropriately. Do it overnight. They. Need. To. Be. Premarked.
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RW: Let's show this--
Habba: Objection
Judge Kaplan: Ground?
Habba: It's prejudicial.
Judge Kaplan: All evidence is prejudicial against the party it is offered against
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Andy (clerk): 7.1 million... 11 million... punitives: $65 million
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Roberta Kaplan: He said Mar-a-Lago is worth $1.5 billion
Madaio: Objection. These are not personal assets.
Judge Kaplan: Overruled. The jury will remember what was said.
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Habba: You were a regular at Elaine's, right?
Carroll: Yes.
Habba: It's hard to get into, isn't it?
Carroll: No, not hard.
Judge Kaplan: It doesn't exist anymore. That's why it's hard to get into
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Crowley: This is not a political rally. This is a court of law. Donald Trump is not the victim. Make him pay enough so that he will stop. Thank you.
Judge Kaplan: I will now deliver the jury charge.
Deputy Andy: Marshals, please lock the doors
Thread will continue
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Roberta Kaplan: Donald Trump has tried to normalize this conduct. Normally, when people lose in court, they change their behavior.
[Trump leaves]
Judge Kaplan: The record will reflect that Mr. Trump just rose and left the courtroom
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Thanks - you're right that it has not been easy - but worth it, I hope : ) Working on a sequel to this:
@innercitypress
Before this ends, I want to give a HUGE thank you to Inner City Press. Watching this in real time has been amazing. And I can't imagine how hard it is to get all of this out as it happens.
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Judge Kaplan: The jury found that Mr. Trump inserted his fingers into her v*gina. And that Ms. Carroll did not make up her claim. And that Mr. Trump's June 11 and June 22 statements were defamatory. Now Mr. Trump may not make any argument against this
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Habba: I can't ask abou them? With all due respect-
Judge Kaplan: With. All. Due. Respect - when I rule, you go on.
Habba: So do you-
Carroll's lawyer: Objection.
Judge Kaplan: Sustained. Stricken.
Habba: On what basis?
Judge Kaplan: Move on.
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Judge Kaplan: You are not showing the slide.
Habba: Your Honor, Ms. Kaplan stipulated -
Judge Kaplan: Sit down. You are on the verge of spending some time in the lock up.
(Habba appears to laugh)
Judge Kaplan: Bring in the jury
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Roberta Kaplan: He had an opportunity to participate in a trial--
Judge Kaplan: And he lost. I will so instruct the jury. More than once.
Trump says, "I wasn't at the trial, I never met this woman
Judge Kaplan: Mr. Trump, keep your voice down.
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Habba: And you've been on left leaning platforms?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: They are left leaning?
Judge Kaplan: Did you not hear me?
Habba: You went on TV?
Carroll: To say we'd won this milestone case.
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Trump: She said something I considered a false accusation --
Roberta Kaplan: Objection!
Judge Kaplan: Sustained.
Habba: I have no further questions.
Judge Kaplan: Cross examination.
Roberta Kaplan: There was a trial here, correct?
Trump: Yes
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Roberta Kaplan: You can award punitive damages. Yesterday my cross showed he didn't come to 1st trial - but he came to this one - well until just now - because he cares about money. So your decision is the only hope
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@sdnylive
@MatthewLeeICP
@XXL
@revolttv
@TIDAL
@pitchfork
@HotFreestyle
@JoshPescatore
@TMZLive
@FUNCA_info
Judge Engelmayer: However, I cannot agree with your counsel that time served it appropriate. In my judgment, your conduct is too violent and selfish to make 13 months reasonable. You will not be going free today.
#Breaking
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Roberta Kaplan: Judge Kaplan will tell you that a person who has been defamed has no duty to mitigate. Donald Trump's defense table, the first very day, made an argument that has no basis in law. They're saying she had a duty to keep her mouth shut.
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Judge Kaplan: There was a trial last year about the truth or falsity of Ms. Carroll claims. Mr. Trump was listed as a witness but did not testify. The jury found for Ms. Carroll. There are no do-overs, it's called issue preclusion or collateral estoppel.
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Roberta Kaplan: This trial is about getting him to stop once and for all. It's also about whether the rules apply to all, including to Donald Trump. Think of his attitude to this proceeding - he says, She was asking for it
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I am on alert for Judge Engoran's decision, only a block away ftom 60 Centre Street (and hoping to cover somethi g in 100 Centre Street this afternoon)... WAtch this feed
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Judge Kaplan: I hope lunch was better than the cafeteria usually is. Ms. Habba you may call your witness.
Habba: Defense calls President Donald Trump...
Trump: Donald John Trump.
Habba: You viewed your deposition?
Trump: I stand by it 100%, yes.
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Roberta Kaplan: Mr. Trump, is this the 1st trial between you and Ms. Carroll you've attended?
Trump: Yes.
Roberta Kaplan: No further questions.
Habba: Did you have counsel at the previous trial & follow their advice?
Trump: Yes.
Roberta Kaplan: Objection
Sustained
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Habba: As long as we have the deposition in, I think I'll be fine.
Judge Kaplan: Well, I hope you will.
[Jury entering!]
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Habba: No further questions.
Judge Kaplan: Jurors, you may go until tomorrow morning, closing arguments.
[Jury leaves]
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Habba: You stated you were in a cocoon of love, a week after President Trump's statement?
Carroll: I did.
Habba: So it appears you weren't suffering much, fair to say?
Carroll: No fair. I experienced support and a flood of slime. Both. Both. Both things occurred
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Judge Kaplan: Will your client abide?
Habba: Absent having a glass ball
Trump is speaking
Judge Kaplan: Mr. Trump, that is not allowed... I will permit him to get on the stand. You ask if he stands by it. That's it.
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@MatthewLeeICP
@sdnylive
@revolttv
@XXL
@Akademiks
@TMZLive
@Power106LA
@HotNewHipHop
@TIDAL
Q: Before Gummo, what was your genre?
#6ix9ine
: Like a rockish rap.
Q"Did you tell others to suck your body part?"
A: Correct.
But you just said you had to ponder it.
A: I don't know what ponder means.
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Judge Kaplan: I'm advised the jury has reached a verdict. We will have no outbursts in these proceedings, we will maintain decorum. Bring in the jury.
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Judge Kaplan: You are asking to re-open the direct.
Habba: No, I will look it up--
Judge Kaplan: You do that.
Habba: I would like to go one by one, there are only six
Judge Kaplan: You will not go one by one.
Habba: I preserved
Judge Kaplan: You think you did
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Habba: On June 22 Lisa Birnbach texted you - I offer DX 11
Judge Kaplan: Is this already in?
Habba: Yes.
Judge Kaplan: Then you don't have to introduce it.
Habba: You said you were confused
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Roberta Kaplan: Mr. Carroll's old friend Carol Martin said she just wanted her day in court. Now she has it.
Judge Kaplan: We're going to change gears. The defense is to remain seated. That includes you, Mr. Epshteyn, not that you're part of the defense
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Habba: She's right, he has not wavered. Because it is the truth.
Roberta Kaplan: Objection!
Judge Kaplan: Sustained - that has been proved false. As I will instruct the jury.
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They're back.
Judge Kaplan: Ms. Habba, do you have any other witnesses?
Habba: Yes, President Trump.
Judge Kaplan: I have a few things to say
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Judge Kaplan: Counsel can pick up the draft jury charge at 2:30, we have to run the copier. Charge conference at 3:30 pm
[Inner City Press intends to live tweet that too - before that, to OneCoin Mark Scott sentencing
But Trump Carroll thread will continue below
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Judge Kaplan: Let me hear from the other side.
Roberta Kaplan: Just now Mr. Trump said under his breath he's going to say he never did it.
Judge Kaplan: He will not testify about questions asked of him by reporters?
Habba: No. If I may you Honor--
Judge Kaplan: No
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Habba: I can ask it that way--
Judge Kaplan: It will not be an open ended question. If you ask it, there is likely to be an objection and I am likely to sustain it.
Habba: That's it.
Judge Kaplan: OK.
Habba: What about 2d question?
Judge Kaplan: It keeps changing
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Roberta Kaplan: Last Thursday he said, I've said it a thousand times, I never heard of E Jean Carroll and would never touch her.
Are you kidding me? A thousand times? It's up to you to make him stop. He is very wealthy. He said his brand is worth $10 billion
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NY AG lawyer: This says "in order to induce lending" - you see that?
Trump: Yes.
NY AG lawyer: Little Roman i, it says as of June 30, 2011 - do you believe it was true and accurate?
Trump: Yeah, I do.
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Habba: Who is George Conway?
Carroll: He is a lawyer who does not like Donald Trump.
Habba: Has he been on TV these days?
Carroll: I think so. I wouldn't be surprised.
Judge Kaplan: We'll break now.
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@MatthewLeeICP
@sdnylive
@revolttv
@XXL
@Akademiks
@TMZLive
@Power106LA
@HotNewHipHop
@TIDAL
Q: You can drive, right?
#6ix9ine
: I don't have a driver's license.
Q: But you have driven many times.
A: A handful of times.
Q: What's a handful?
A: Like six times. Two handfuls.
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OK- Carroll v. Trump 2d trial, after days' hiatus. Trump is here, Habba too. Inner City Press will live tweet as it did 1st trial (incl in this book ) thread below
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Roberta Kaplan: He said, She is not my type. This was designed to humiliate Ms. Carroll. But remember, he mistook Ms. Carroll for Marla Maples, his ex-wife, also a beauty queen. Show the video
[on video: Trump: "that's John Johnson... And that's Marla...]
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Trump docket: Habba's request for "temporary administrative stay" of $83.3 million judgment for E. Jean Carroll has just be denied by Judge Kaplan. Inner City Press wrote the book (below); story coming
OK - now audio book of Trump Trial II - the whole trial (and more) in 3 hours - "Punitive Damages and Vow to Appeal," by Matthew Russell Lee - 16 hours after $83.3 million verdict, after ebook & with paperback later today, here's audiobook:
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I'll admit that my thumbs are hurting : ) But well worth it
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Habba: Ms. Carroll, you were not quiet in the 1980s, right?
Carroll: Right.
Habba: But after 25 years you brought this suit against the sitting President?
Judge Kaplan: You're running the repeat key too often, Ms. Habba
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They're back.
Habba: Have you deleted text message and not just emails?
Carroll: When I see threats I delete them.
Habba: Can we have a sidebar?
Judge Kaplan: No.
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Roberta Kaplan: The dollar number to compensate her has to be very large. At least as much as $12 million for the reputational repair campaign, and probably more. And how much will it take to get Donald Trump to stop? Punitive damages are to punish the malicious
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They've back.
Judge Kaplan: Ms. Habba can't use documents that are not in evidence.
Jury entering!
Habba: Did you receive Tweets in the 5 hours before President Trump spoke?
Carroll: I hadn't seen them.
Habba: Were you tagged?
Judge Kaplan: Don't get into content!
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Crowley: They're suggesting Ms. Carroll has to show she'd been broken every day for five years. In their view every day she showed a brave face she was showing she suffered no harm. That makes no sense. Two things can be true at the same time.
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Habba: Ms. Carroll, have you ever said you like speaking with me?
Carroll: Yes.
Habba: Is that at some level because you enjoy the attention?
Carroll: I wanted people to know that woman can win. I'm 80. It's not right to try to make women be quiet.
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Judge Kaplan: When was that?
Habba: We met and conferred and objected.
Judge Kaplan: This just came in without objection.
Habba: Yes, but --
Judge Kaplan: Have a seat.
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Habba: Many people called you a liar before the President made his statement --
Carroll's lawyer: She's not asking a question.
Habba: I wasn't finished. It says, "You're a pathetic old hag"
Judge Kaplan: It's not in evidence.
Habba: I'm trying to get it in
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Judge Kaplan: You have each been assigned a number. You are not going to be referred to by your name. This case is going to be tried before a jury that is anonymous. God willing, no one will ever know your name.
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Habba: But some was before the President's statement?
Carroll: It was from him-
Habba: Based on what?
Carroll: The way they were phrased.
Habba: Didn't you say you went off social media?
Carroll: Sometimes I take a break, I come back for breaking news
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Habba: They have opened the door on the Reid Hoffman issue - they asked about George Soros and the DNC - the door is open --
Judge Kaplan: The door is closed. Let's bring in the jury.
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OK- Day 3 of Carroll v. Trump 2d trial. Carroll still on cross by Habba, Trump not present, at funeral he's said. Inner City Press will live tweet as it did 1st trial (incl in this book
) thread below
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OK we're back: Day 3 of
#6ix9ine
in SDNY trial of US v. Nuke Mack & Harv Ellison. After jury saw video of Harv's carjacking and kidnapping of Tekashi how will the defense cross examine him? All-day thread below
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Judge Kaplan: These are emails that included death threats?
Habba: She says so.
Judge Kaplan: You're saying she should be punished because she deleted tweets that would be helpful to her -
Habba: That's not what I'm saying
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Habba: Did you say Trump?
Carroll's lawyer: What does she mean?
Habba: She said she didn't like saying his name. That's a lot of appearances for someone who doesn't want to say Trump
Carroll's lawyer: Objection
Judge Kaplan: Sustained. That's argumentative
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Andy: id Ms. Carroll prove, by a preponderance of the evidence, that 1. Ms. Carroll suffered more than nominal damages as a result of Mr. Trump’s publication of the June 21 and June 22, 2019 statements? Answer Yes.
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Roberta Kaplan: The so-called gap? Give me a break. The White House, which was run by Mr. Trump, had already denied -
Madaio: Objection.
Judge Kaplan: Overruled.]
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Carroll: I take a break. One can't live by Twitter alone
Habba: Now you believe these tweets are real and not fake?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
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Roberta Kaplan: Donald Trump can't even deny -
Madaio: Objection
Roberta Kaplan: .. he can't deny because of the first trial... Your Honor, can I go on?
Judge Kaplan: I overrule[d]
Roberta Kaplan: Donald Trump had been famous for years. Why did Ms. Carroll wait?
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Roberta Kaplan: Consider what Donald Trump has done here. He said she made it up, she was a disgrace; he threatened her twice, he unleashed millions of others to flood her with hate. We played his deposition - he called her mentally sick, and threatened to sue
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OK- Carroll v. Trump 2d trial closing arguments - and jury deliberations. Trump is here - but not in the courtrom yet. Inner City Press will live tweet as it did 1st trial (incl in this book ) thread below
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Habba: You have a gun - do you have a license?
Carroll: No.
Habba: Are you aware that you have to have a licence-
Judge Kaplan: Don't even start.
Habba: Do you have bullets for the gun?
Carroll: Yes.
Habba: You live in this state?
Carroll: Yes.
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Roberta Kaplan: Donald Trump was lying and trying to destroy Ms. Carroll. On the White House lawn he repeated it, claiming that he didn't know her. He threatened her - People have to be careful, because they're playing with very dangerous territory
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Judge Kaplan: What are your questions?
Habba: That he stands behind his deposition. I'll ask about his state of mind, he'll say he was defending himself --
Judge Kaplan: And that's it?
Habba: Yes. And that he never intended to hurt Ms. Carroll.
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Habba: Is Rodeo Clown replying to you?
Judge Kaplan: Do you have many more of these?
Habba: I have six more.
Judge Kaplan: I'll admit them if there is no objection. But you've taken enough time on this.
Habba: May I be heard?
Judge Kaplan: No.
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Habba: I have only three questions for my client.
Judge Kaplan: We're going to do it my way.
Habba: He's going to stand by his deposition. That he had to respond to accusation and deny them.
Judge Kaplan: That's 100%?
Habba: I'm not testifying for my client
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Carroll: I am not.
Judge Kaplan: You are suing about what Mr. Trump said, the second time on June 22, right?
Carroll: Yes.
Judge Kaplan: Now it's clear as a bell. Go on, Ms Habba.
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Habba: You still want more publicity?
Carroll: I'm pretty much done with it, and with books.
Habba: Are you writing a book with Mary Trump?
Carroll: She is writing the book, I'm in charge of the comments. It's Mary's money.
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RK: When did you decide to sue?
Carroll: I was at a party with George Conway. He took me aside. He had an iPad. He explained the difference between a criminal case and a civil case. He took me through the steps. He said he could suggest an attorney
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Judge Kaplan: I am committed to allowing parties to make their case. I will allow Mr. Trump up to 10 pm Sunday to make a motion to testify - I'm not saying I'll grant it, but I'll consider it and we'll see what happens. 10 pm Sunday, that's it. Tell Mr. Trump
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Habba: But my client has to choose between attending his mother in law's funeral --
Judge Kaplan: I have ruled. Sit down.
Habba: I don't like to be spoken to that why. Please refrain. I am asking for an adjournment for a funeral.
Judge Kaplan: Denied. Sit down.
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Roberta Kaplan: Ms. Carroll's success as an advice columnist obviously relied on her audience's trust. She built it over decades. She had one truth too painful to share - in the Spring of 1996 Donald Trump sexually assaulted her. She tried to suppress it
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Crowley: When Donald Trump told those lies he was breaking the law. And he's still breaking the law to this day-
Madaio: Objection!
Judge Kaplan: Overruled.
Crowley: Donald Trump is responsible. What could be more on brand for Donald Trump than malice?
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Habba: She said too different things about Montana
Judge Kaplan: She said it's great and before she said, it's not boring - that's your difference?
Habba: I can ask another question.
Judge Kaplan: That would be a good idea.
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Judge Kaplan: Madam Foreperson, I understand the jury has reached a verdict. Please hand it to Andy. Thank you. The clerk will publish the verdict. Please rise.
Count 1: Guilty.
Count 2: Guilty.
Count 3: Guilty.
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Habba: Did you anticipate the public would immediately believe your allegations?
Judge Kaplan: Sidebar.
[Whispered sidebar ensues]
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Habba: So you have the death threats?
Carroll: I deleted them.
Habba: So you-
Carroll's lawyer: Asked and answered.
Habba: This is a very important question
Carroll's lawyer: I object to the commentary too
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@MatthewLeeICP
@sdnylive
@revolttv
@XXL
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@TMZLive
@Power106LA
@HotNewHipHop
@TIDAL
Cannick: So Trey Way Entertainment was a legitimate corporation?
#6ix9ine
: I would not say so. I didn't see no paper work.
Cannick: Didn't you just say Shotti and the others had tried-
#6ix9ine
: Tried!
Like, I could try a 3-pointer and not make it.
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Judge Kaplan: A judge must seek to exclude inadmissible evidence. Concerns exist here, as including in Ms. Kaplan's letter. I want to confirm a few things. Ms. Habba, what would he testify to?
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Judge Kaplan: Ms. Carroll adhered to the Court's rulings. Ms. Kaplan on behalf of Ms. Carroll questioned if Mr. Trump could offer any admissible testimony. Ms. Habba, you said he could testify about the reporters' questions, and if he was acting with ill will
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@sdnylive
@MatthewLeeICP
@XXL
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@pitchfork
@HotFreestyle
@JoshPescatore
@TMZLive
@FUNCA_info
Judge Engelmayer: I impose 300 hours of community service when you get out, and a fine of $35,000. Mr Hernandez, the worst part is over. There is a great deal to be admired about you. You're learned a hard lesson here. I wish you very very well. We are adjourned.
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Roberta Kaplan: Then he claimed the photo was blurry. It is not. This was classic Donald Trump. Now, the damages. Obviously Ms. Carroll suffered harm... She now has only 1800 paying customers on Substack. Professor Humphreys gave you the estimates of harm
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Robert Kaplan: His attacks have intensified. While Ms. Carroll was still on the stand, he held a press conference - while you were still sitting the jury box - watch this
[Video of 40 Wall Street press conference: It's a rigged deal, it's a made up fabricated story
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Roberta Kaplan: Her 274 page book contained nine pages about Donald Trump. New York Magazine published that. Donald Trump then told lie after lie after lie, to destroy her. Put up Slide 4
[It is entitled, Defamatory Statement:
disgrace... never met this person]
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Judge Kaplan: Do not read it out loud. What line numbers?
Habba: Page 14, 6 through 8.
Judge Kaplan: What are you doing, offering into evidence?
Habba: I'm offering it as impeachment
Judge Kaplan: Those are 2 different things
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Roberta Kaplan: He claims he had no choice but to break the law and defame her. She was a beloved advice columnist. Then a wave on social media, echoing what Donald Trump says. Let's consider: in 2019 he said "pay dearly" and "dangerous territory."
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Judge Kaplan: Ms. Habba, we're going to do it my way in this courtroom and that's how it's going to be. You tell me the line number and I read it. Then we go from there.
Habba: I was reading --
Judge Kaplan: We are going to take a recess. You will provide me with
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Habba: Whose idea was it?
Carroll: We were talking during the pandemic. Mary put it on Substack.
Habba: Has Mary Trump sued Donald Trump?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
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