1 of 2 | Former president Donald J. Trump arrives at 40 Wall Street for a press conference after listening to writer E. Jean Carroll testify in federal court for her second Civil Defamation Trial against Trump in New York City on January 17. On Tuesday, Trump’s lawyers demanded a new trial after the jury awarded Carroll $83.3 million in damages. Photo by John Angelillo/UPI |
License Photo
March 5 (UPI) — Former President Donald Trump is demanding a new trial in writer E. Jean Carroll’s defamation case, or a significant reduction in the $83.3 million in damages awarded by the jury in January, according to a new court filing Tuesday.
Trump’s lawyers claim U.S. District Judge Lewis Kaplan restricted the former president from defending himself during his brief testimony, which lasted less than five minutes.
“Just before President Trump took the stand at trial, the court engaged in a colloquy with defense counsel designed to restrict the scope of President Trump’s testimony,” Trump lawyers Alina Habba and John Sauer wrote in the 44-page filing, adding that Trump only answered two questions, one of which was objected to.
“Did you ever instruct anyone to hurt Ms. Carroll in your statements,” Habba questioned Trump during the trial.
“No,” Trump replied. “I just wanted to defend myself, my family and, frankly, the presidency.”
The filing says Carroll’s lawyer objected, which the judge sustained and then ordered the jury to disregard Trump’s remarks beyond “no.”
“This was error, and it was prejudicial,” the filing states.
“This court’s erroneous decision to dramatically limit the scope of President Trump’s testimony almost certainly influenced the jury’s verdict, and thus a new trial is warranted,” Habba and Sauer wrote.
Trump was ordered to pay Carroll $83.3 million in damages for defaming her in 2019 after she accused him of sexual assault in 1990s.
“Our legal system is out of control and being used as a political weapon,” Trump wrote in a post on Truth Social after the decision. “They have taken away all First Amendment rights. This is not America!”
In addition to requesting a new trial, Trump’s lawyers also argued Tuesday that the jury award of $83.3 million was far beyond similar verdicts, and should be reduced.
While Carroll’s legal team has not commented on the filing, efforts to collect damages in the case could begin as early as next week.