修复时任总统对作家让·卡罗尔名誉的损害唐纳德·特朗普的2022年10月12日,涉嫌诽谤她的社交媒体帖子可能会花费高达270万美元,一位营销专家周四在卡罗尔诽谤和殴打前总统案的最后一天作证时告诉陪审团。
卡罗尔,谁提起诉讼11月,声称特朗普在他的真实社会邮报称她的指控是“骗局和谎言”,并说“这个女人不是我喜欢的类型!”当他否认她声称特朗普在20世纪90年代在波道夫古德曼更衣室强奸了她。
这位前Elle杂志专栏作家根据最近通过的纽约法律增加了一项殴打罪,该法律允许性虐待的成年幸存者起诉他们所谓的攻击者,而不管诉讼时效。特朗普否认了所有关于他强奸卡罗尔或诽谤她的指控。
西北大学教授阿什莉·汉弗莱(Ashlee Humphrey)周四作证说,特朗普的帖子被浏览了1300万至1800万次,她估计约有500万用户相信其内容。
汉弗莱斯告诉陪审团,尽管特朗普只在他的真相社交平台上发布了他的声明,但它在大众媒体上“广泛出现”。
汉弗莱斯作证说,通过宣传活动来修复卡罗尔的声誉将花费36.8万至270万美元。
如果陪审团认定特朗普对诽谤或殴打负有责任,这是第一次提到潜在的损害赔偿。由六名男性和三名女性组成的九人陪审团正在权衡卡罗尔的诽谤和殴打索赔,并决定潜在的金钱赔偿。
作者E. Jean Carroll于2023年5月3日离开纽约联邦法院。
斯蒂芬妮·基思/彭博
在反诘问中,汉弗莱斯同意特朗普对卡罗尔强奸指控的观点在他2022年10月发表帖子时已经众所周知。
辩护律师佩里·勃兰特说:“这匹马有点像是从马厩里出来的。”。
当天早些时候,陪审团观看了特朗普的视频片段录像机存放地包括当他看到卡罗尔20世纪80年代的照片时,他说,“那是玛拉”,一时把强奸他的原告误认为是他的第二任妻子玛拉·梅普尔斯。
卡罗尔的律师认为,特朗普断言卡罗尔不是他喜欢的类型是错误的。
在作证时被问及所谓的“进入好莱坞”视频,特朗普在视频中吹嘘他如何抓住并亲吻女人在未经同意的情况下,特朗普被视为将这些言论视为“更衣室谈话”。
在作证视频中,特朗普还称卡罗尔是一个“疯子”。
最后的证人是《Elle》杂志的前主编罗伯塔·迈尔斯(Roberta Myers),她称卡罗尔为“实话实说者”,并谈到了她的咨询专栏的受欢迎程度。
“他们爱她。读者喜欢她,”迈尔斯说。
卡罗尔在2019年公开对特朗普的强奸指控后失去了她的专栏,并在早些时候作证说这给她带来了经济和情感上的损失。
在辩护律师乔·塔科皮纳告诉法官刘易斯·卡普兰特朗普将不是为自己辩护法官要求塔科皮纳,一旦双方周四停止他们的案件,重申这一点。
“特朗普先生放弃了在本案中作证的权利,是这样吗?”卡普兰问道。“是的先生,”塔科皮纳回答。
当被问及塔科皮纳最近与特朗普谈论此事时,塔科皮纳说,这是在他抵达法庭前几分钟。
法官允许特朗普再有一次机会重新考虑,让塔科皮纳在周日下午5点之前提出动议,以特朗普作证为唯一目的重新审理此案。
“他有作证的权利,这已经被放弃了——但如果他有第二个想法,我至少会考虑,”法官说。
卡普兰说,如果到周日下午5点还没有这样的动议,“那艘船已经不可逆转地起航了。”
预计双方将在周一发表结案陈词。预计法官将于周二向陪审团提出指控,随后开始审议。
陪审员将首先被要求决定卡罗尔是否证明特朗普犯了殴打罪。如果是这样,陪审团将被要求决定是哪一种——强行触摸、性虐待还是强奸——然后考虑补偿性和惩罚性损害赔偿。
陪审团随后将转向卡罗尔的诽谤索赔,并决定特朗普2022年10月关于卡罗尔的社交媒体帖子是否具有实际恶意。
卡罗尔的诉讼是她第二次因强奸指控而起诉特朗普。
她此前起诉特朗普2019年,时任总统否认了她的强奸指控告诉山丘卡罗尔“完全在撒谎”,他说,“我要带着极大的敬意说:第一,她不是我喜欢的类型。第二,它从未发生过。从来没发生过,好吗?”那起诽谤诉讼陷入了僵局程序上的来回关于特朗普作为总统发表这些言论时是否是以联邦政府雇员的官方身份行事的问题。
如果特朗普被确定为政府雇员,美国政府将替代作为该诉讼的被告-这意味着该案件将会不了了之,因为政府不能因诽谤而被起诉。
本月的审判正在进行,特朗普第三次寻求入主白宫,同时面临众多法律挑战与1月6日的国会大厦袭击有关,他在离开白宫后对机密材料的处理,以及可能试图干涉格鲁吉亚2020年的投票。
Repairing Trump's alleged damage to E. Jean Carroll's reputation could cost up to $2.7 million, expert testifies
Repairing the damage to writer E. Jean Carroll's reputation caused by then-PresidentDonald Trump'sOct. 12, 2022, social media post that allegedly defamed her could cost up to $2.7 million, a marketing expert told the jury Thursday on the last day of testimony in Carroll's defamation and battery case against the former president.
Carroll, whobrought the lawsuitin November, alleges that Trump defamed her in hisTruth Social postby calling her allegations "a Hoax and a lie" and saying "This woman is not my type!" when he denied her claim that Trump raped her in a Bergdorf Goodman dressing room in the 1990s.
The former Elle magazine columnist added a charge of battery under a recently adopted New York law that allows adult survivors of sexual abuse to sue their alleged attacker regardless of the statute of limitations. Trump has denied all allegations that he raped Carroll or defamed her.
Northwestern University professor Ashlee Humphrey testified Thursday that Trump's post, in which he called Carroll's claim a "con job," was viewed between 13 and 18 million times, and she estimated that about 5 million users believed its content.
Humphreys told the jury that although Trump posted his statement solely on his Truth Social platform, "it appeared widely" throughout the mass media.
Repairing Carroll's reputation through a publicity campaign would cost between $368,000 and $2.7 million, Humphreys testified.
The testimony is the first that speaks to a potential damage award if the jury finds Trump liable for defamation or battery. The nine-member jury of six men and three women is weighing Carroll's defamation and battery claims and deciding potential monetary damages.
On cross-examination, Humphreys agreed that Trump's views of Carroll's rape allegation were well-known by the time he made the post in October 2022.
"The horse was kind of out of the barn," defense attorney Perry Brandt said.
Earlier in the day, the jury viewed clips from Trump'svideotaped deposition, including the moment when he was shown a photograph of Carroll from the 1980s and said, "That's Marla," momentarily confusing his rape accuser for his second wife, Marla Maples.
Carroll's attorneys argued that belies Trump's assertion that Carroll is not his type.
Asked during the deposition about the so-called "Access Hollywood" video in which Trump is heard bragging about how hegrabs and kisses womenwithout consent, Trump was seen dismissing the remarks as "locker room talk."
Trump was also seen on the deposition video calling Carroll a "nut job."
The final witness was Roberta Myers, the former editor-in-chief of Elle magazine, who called Carroll a "truth teller" and spoke to the popularity of her advice column.
"They loved her. The readers loved her," Myers said.
Carroll lost her column after going public with her rape claim against Trump in 2019, and testified earlier about what that cost her both financially and emotionally.
A day after defense attorney Joe Tacopina told Judge Lewis Kaplan that Trump wouldnot be mounting a defense, the judge asked Tacopina, once both sides had rested their case Thursday, to reaffirm that.
"Mr. Trump waives his right to testify in this case, is that right?" Kaplan asked. "Yes sir," Tacopina answered.
Asked how recently Tacopina had spoken to Trump about it, Tacopina said it was a few minutes before he arrived in court.
The judge allowed Trump one more chance to reconsider, giving Tacopina until 5 p.m. Sunday to file a motion to reopen the case for the sole purpose of Trump's testifying.
"He has a right to testify, which has been waived -- but if he has second thoughts, I will at least consider it," the judge said.
If there is no such motion by 5 p.m. Sunday, Kaplan said, "that ship has irrevocably sailed."
Each side is expected to deliver closing statements Monday. The judge is then expected to charge the jury on Tuesday, followed by the start of deliberations.
Jurors will first be asked to decide whether Carroll proved that Trump committed a battery. If so, the jury would be asked to decide what kind -- forcible touching, sex abuse or rape -- and then consider compensatory and punitive damages.
The jury would then move to Carroll's defamation claim and decide whether Trump's October 2022 social media post about Carroll was made with actual malice.
Carroll's lawsuit is her second against Trump related to her rape allegation.
Shepreviously sued Trumpin 2019 after the then-president denied her rape claim bytelling The Hillthat Carroll was "totally lying," saying, "I'll say it with great respect: No. 1, she's not my type. No. 2, it never happened. It never happened, OK?" That defamation suit has been caught in aprocedural back-and-forthover the question of whether Trump, as president, was acting in his official capacity as an employee of the federal government when he made those remarks.
If Trump is determined to have been acting as a government employee, the U.S. government would substitute as the defendant in that suit -- which means that case would go away, since the government cannot be sued for defamation.
This month's trial is taking place as Trump seeks the White House for a third time, while facingnumerous legal challengesrelated to the Jan. 6 Capitol attack, his handling of classified material after leaving the White House, and possible attempts to interfere in Georgia's 2020 vote.