Donald Trump’s lawyer has made another desperate bid to throw out E. Jean Carroll’s case against the former president, but legal experts say Alina Habba’s request is doomed to fail.
A jury ruled last week that Trump owes Carroll $83.3 million for defaming her in 2019 after she revealed he sexually abused her in the mid-1990s. But Habba argued in a Monday court filing that the ruling should be thrown out.
In the document, Habba cited a New York Post article that reported Carroll’s lawyer Roberta Kaplan had worked at the same firm as Judge Lewis Kaplan (no relation), who presided over both of Carroll’s trials against Trump, in the 1990s. The Post article stated the now judge had been like Kaplan’s mentor.
“The underlying defamation case tried last year, and the damages trial completed last week, were both litigations in which there were many clashes between Your Honor and defense counsel,” Habba said in her letter. “We believe, and will argue on appeal, that the Court was overtly hostile towards defense counsel and President Trump, and displayed preferential treatment towards Plaintiff’s counsel.”
Habba also said that Carroll’s other lawyer, Shawn Crowley, had served as Judge Kaplan’s law clerk, and the judge allegedly co-officiated Crowley’s wedding.
Multiple legal experts brushed off Habba’s attempt to overturn the Carroll verdict. “This is a bogus motion by the Trump team. There’s nothing here,” CNN legal analyst Elie Honig said Monday night. “Every judge in that courthouse knows, socializes with, has worked with, sometimes maybe mentored, dozens, hundreds of attorneys in this city.”
“I used to practice in that courthouse in front of judges who used to be my colleagues, my supervisors,” Honig continued, citing his career as an assistant U.S. attorney for the Southern District of New York. “If anything, they were tougher on me as a result of it. That is not enough for a conflict of interest.”
Attorney Andrew Fleischman noted on X (formerly Twitter) that it could be argued that the judge would have had a conflict of interest if Carroll had sued Trump in 1992, “and then the lawsuit languished for 32 years, and one of the original lawyers who filed that suit was still with the firm.” But Carroll didn’t bring her first lawsuit until 2019.
Alina Habba is such a bad lawyer she forgot not to italicize and bold the part of the law that wrecks her argumenthttps://t.co/EfgDtsVNHy pic.twitter.com/cuBn3rgnRh
— Andrew Fleischman (@ASFleischman) January 29, 2024
Former U.S. attorney Joyce Vance pointed out that Habba has previously tried to leverage tenuous professional relationships. Habba appeared to suggest in early January that the three Supreme Court justices that Trump appointed owe him allegiance.
1/Donald Trump appointed 3 SCOTUS Justices to the bench. Habba has suggested that they owe some sort of allegiance to Trump after all he did for them. But sure, go ahead & complain that a judge and a lawyer were briefly at the same firm & pretend that's a conflict. https://t.co/40oikF8ji4
— Joyce Alene (@JoyceWhiteVance) January 30, 2024
This isn’t the first time Trump has tried to get Carroll’s cases against him thrown out, or at least delayed. Trump unsuccessfully claimed that he was protected against the legal proceedings by presidential immunity. In June, Trump ally James H. Brady argued Carroll’s 2019 defamation suit should be thrown out because the former president was being unfairly treated because he is a “white Christian.”
Trump has also demanded a do-over of the first trial, which took place in May. The jury unanimously found Trump liable of sexual abuse and battery against Carroll and of defaming her in 2022. The jury recommended Carroll be awarded $5 million in damages.
Trump claimed that the damages should be reduced, and the second lawsuit thrown out altogether, because he only sexually abused Carroll instead of raping her. So Judge Kaplan clarified the situation, stating that the jury found that the former president did indeed “rape” Carroll based on the common definition of the word.
New York penal law has a “far narrower” definition of the word “rape” than “common modern parlance,” Kaplan said.
“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’”
