Appeals court appears doubtful of Trump’s effort to reverse sexual abuse decision in E. Jean Carroll lawsuit
Following the oral arguments on Friday, Trump expressed dissatisfaction with his legal team, stating, "I'm disappointed in my legal talent."
TroibNews 
NEW YORK — In a Manhattan courtroom on Friday, Donald Trump found himself just feet away from one of his key accusers, writer E. Jean Carroll, as both were present for the oral arguments regarding Trump's appeal of last year’s $5 million jury verdict. This verdict determined he was liable for sexual abuse and defamation against Carroll.
A panel of three judges from the 2nd Circuit Court of Appeals expressed skepticism regarding Trump's attempts to overturn the May 2023 verdict, which concluded he sexually abused Carroll in the dressing room of the high-end department store Bergdorf Goodman during the mid-1990s and later labeled her accusations a “hoax.”
Throughout the proceedings, Trump did not glance in Carroll’s direction, even as he walked directly past her upon entering the courtroom. When Carroll’s attorney, Roberta Kaplan, asserted that Trump had sexually assaulted Carroll, he exhibited a slight shake of his head.
The arguments on Friday did not focus on Carroll’s own testimony from the trial, instead emphasizing the admissibility of another witness's testimony. Jessica Leeds, who alleged that Trump groped her on an airplane in 1979, and the infamous “Access Hollywood” tape—a 2005 recording where Trump boasts of grabbing women “by the pussy”—formed the crux of the discussion.
D. John Sauer, Trump's attorney, characterized the case as a classic “he said, she said” scenario, suggesting that Carroll had a “political motive” to tarnish Trump’s reputation. He contended that Leeds' testimony should have been excluded, arguing that there was no federal law against sexual assault on airplanes at the time of the alleged incident. In contrast, Kaplan countered that a statute prohibiting “simple assault” was indeed in effect.
“It was a crime then to grope someone on a plane. It is a crime today to grope someone on a plane,” Kaplan asserted to the panel.
Sauer also questioned the classification of the Access Hollywood tape as a “confession,” highlighting that Carroll’s lawyers failed to identify a specific incident it confesses to. Judge Denny Chin responded, “Well, it’s a confession about a modus operandi,” to which Sauer replied, “But modus operandi itself is inadmissible.”
The appellate panel includes judges who were appointed by Democratic presidents: Chin and Judge Susan Carney by Barack Obama, and Judge Myrna Pérez by Joe Biden.
During the arguments, which lasted a little over 20 minutes, Trump maintained a stoic demeanor. Upon exiting the courtroom, he ignored a reporter's question regarding his satisfaction with the proceedings.
After the hearing, Trump returned to his Manhattan high-rise to criticize both his civil and criminal cases in New York. At a press conference in Trump Tower, he reiterated his claim of having “never met” Carroll and attempted to undermine the credibility of two witnesses in her case who alleged he assaulted them as well.
“Frankly, I know you’re going to say it’s a terrible thing to say, but it couldn’t have happened, it didn’t happen, and she wouldn’t have been the chosen one,” Trump commented on Leeds, implying a lack of attraction towards her. He further emphasized, “She would not have been the chosen one.”
In addition, he vented frustration at his legal team, some of whom stood behind him during the press conference. Trump expressed disappointment that they did not challenge the trial court's decision that barred them from questioning Carroll about a dress she claimed to have kept from the store incident.
“I’m disappointed in my legal talent, I’ll be honest with you,” he stated.
Trump is also contesting an $83.3 million verdict from a second trial involving Carroll, which found him liable for defaming her while he was president, concerning the same mid-1990s sexual assault.
Natalie Allison contributed to this report.
Sophie Wagner contributed to this report for TROIB News
A panel of three judges from the 2nd Circuit Court of Appeals expressed skepticism regarding Trump's attempts to overturn the May 2023 verdict, which concluded he sexually abused Carroll in the dressing room of the high-end department store Bergdorf Goodman during the mid-1990s and later labeled her accusations a “hoax.”
Throughout the proceedings, Trump did not glance in Carroll’s direction, even as he walked directly past her upon entering the courtroom. When Carroll’s attorney, Roberta Kaplan, asserted that Trump had sexually assaulted Carroll, he exhibited a slight shake of his head.
The arguments on Friday did not focus on Carroll’s own testimony from the trial, instead emphasizing the admissibility of another witness's testimony. Jessica Leeds, who alleged that Trump groped her on an airplane in 1979, and the infamous “Access Hollywood” tape—a 2005 recording where Trump boasts of grabbing women “by the pussy”—formed the crux of the discussion.
D. John Sauer, Trump's attorney, characterized the case as a classic “he said, she said” scenario, suggesting that Carroll had a “political motive” to tarnish Trump’s reputation. He contended that Leeds' testimony should have been excluded, arguing that there was no federal law against sexual assault on airplanes at the time of the alleged incident. In contrast, Kaplan countered that a statute prohibiting “simple assault” was indeed in effect.
“It was a crime then to grope someone on a plane. It is a crime today to grope someone on a plane,” Kaplan asserted to the panel.
Sauer also questioned the classification of the Access Hollywood tape as a “confession,” highlighting that Carroll’s lawyers failed to identify a specific incident it confesses to. Judge Denny Chin responded, “Well, it’s a confession about a modus operandi,” to which Sauer replied, “But modus operandi itself is inadmissible.”
The appellate panel includes judges who were appointed by Democratic presidents: Chin and Judge Susan Carney by Barack Obama, and Judge Myrna Pérez by Joe Biden.
During the arguments, which lasted a little over 20 minutes, Trump maintained a stoic demeanor. Upon exiting the courtroom, he ignored a reporter's question regarding his satisfaction with the proceedings.
After the hearing, Trump returned to his Manhattan high-rise to criticize both his civil and criminal cases in New York. At a press conference in Trump Tower, he reiterated his claim of having “never met” Carroll and attempted to undermine the credibility of two witnesses in her case who alleged he assaulted them as well.
“Frankly, I know you’re going to say it’s a terrible thing to say, but it couldn’t have happened, it didn’t happen, and she wouldn’t have been the chosen one,” Trump commented on Leeds, implying a lack of attraction towards her. He further emphasized, “She would not have been the chosen one.”
In addition, he vented frustration at his legal team, some of whom stood behind him during the press conference. Trump expressed disappointment that they did not challenge the trial court's decision that barred them from questioning Carroll about a dress she claimed to have kept from the store incident.
“I’m disappointed in my legal talent, I’ll be honest with you,” he stated.
Trump is also contesting an $83.3 million verdict from a second trial involving Carroll, which found him liable for defaming her while he was president, concerning the same mid-1990s sexual assault.
Natalie Allison contributed to this report.
Sophie Wagner contributed to this report for TROIB News
