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    Trump, the ‘law-and-order’ candidate, is an adjudicated fraudster | Lloyd Green

    The week-that-was will likely weigh heavily on the 45th president for the months and years to come. On Friday, Arthur Engoron, a New York judge, found Donald Trump and his businesses liable for conspiracy and ordered them to pay $355m. On top of that, the court banned Trump and his two adult sons from serving at the helm of any New York company for three years, while imposing a $4m penalty on both of the boys.In a 92-page decision, Engoron also lacerated Trump’s pretensions of credibility. He repeatedly tagged Trump for his allergy to the truth.“Donald Trump rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial,” the decision reads. “His refusal to answer the questions directly, or in some cases, at all, severely compromised his credibility.”He added that the court had “found preliminarily that defendants had a propensity to engage in persistent fraud by submitting false and misleading Statements of Financial Condition … on behalf of Donald Trump”.One footnote in the legal judgment went like this: “Peterson-Withorn, Chase. ‘Donald Trump Has Been Lying About The Size of His Penthouse.’ Forbes, May 3, 2017.”For the record, Trump invoked his fifth amendment right against self-incrimination more than 400 times at deposition. “Anyone in my position not taking the fifth amendment would be a fool, an absolute fool,” he said. It is all of a piece.Trump is on a roll, of sorts. One day earlier, Juan Merchan, a second Manhattan judge, set a 25 March start date for Trump’s trial on state-law felony charges. “Stop interrupting me,” the judge scolded the defendant’s legal team.Merchan also denied Trump’s motion to dismiss the underlying 34-count indictment. According to Manhattan prosecutors, Trump purportedly directed hush-money payments to Stormy Daniels, an adult film actress, and Karen McDougal, an adult model.But Trump’s streak doesn’t end there. Last week, a US court of appeals rejected his demand for absolute immunity. US presidents are not kings, the court reminded us.“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power,” the unsigned but unanimous opinion read.“We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”Then again, the US supreme court may put the case on ice. We may know more next week.Appeals are expensive. Trump will also need to bond or otherwise secure the mammoth-sized judgment. Interest accrues too. Regardless, others must pay for his sins.The forced departure of Ronna McDaniel from the helm of the Republican National Committee signals that Trump intends to make the RNC a personal piggy bank. After essentially self-financing his primary run in 2016, he turned up his palms to face off against Hillary Clinton. According to campaign finance filings, his political committees have shelled out more than $50m in legal fees.The ex-reality show host has not always been awash in cash. “My net worth fluctuates,” Trump once swore. “It goes up and down with the markets and with attitudes and with feelings, even my own feelings.”His casinos have gone bust, his companies bankrupted a half-dozen times. Restructurings pock his borrowings. Trump University is no more.skip past newsletter promotionafter newsletter promotionFilings with the Securities and Exchange Commission, first uncovered by the Guardian in 2016, placed his liquidity at north of $250m as of mid-2011, his wealth at $4.2bn. This past October, Forbes pegged his worth at $2.6bn. He did not make its iconic 400 richest list. “He’s nowhere near as rich as he boasts, nor as poor as some critics claim.”The value of his assets appears to have shrunk even as his liquidity has grown. “I have over 400 – fairly substantially over $400m in cash,” he recently testified. These days, he’s staring at judgments hovering near $450m.The latest blows come on the heels of January’s $83.3m verdict in E Jean Carroll’s second defamation trial. Heading toward November, the “law-and-order” candidate is an adjudicated predator. Lewis Kaplan, the presiding judge in the Carroll cases, stressed that Trump had sexually assaulted her.Guilty verdicts loom as possibilities in both the hush money and election interference cases. Manhattan juries don’t love him, judging by the size of the recent Carroll verdict. DC juries previously convicted Trump’s cronies Steve Bannon, Peter Navarro and Roger Stone. January 6 defendants have also fared poorly.Trump later pardoned Bannon and Stone. He has vowed to do the same for those who stormed the Capitol in his name.Americans aren’t enamored with a convicted felon sitting in the Oval Office. Then again, they haven’t cottoned to the incumbent. By itself, Friday’s ruling will sway few. On the other hand, wavering voters may get off the fence if a criminal conviction or two follow.Days ago, Trump raged against Letitia James and Engoron. He blasted the attorney general as “corrupt”, the judge as “biased”, the case as “rigged”.It’s been nearly a decade since he hosted The Apprentice. The former reality show host sounds scared. Welcome to the theatre of the real.
    Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992 More

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    E Jean Carroll lawyer says Trump used coded version of C-word against her

    E Jean Carroll’s attorney says Donald Trump used a coded expression to call her the C-word during a deposition before she helped the magazine columnist win an $83.3m verdict in her defamation case against the former president.Roberta Kaplan shared the anecdote during an appearance on Friday on the George Conway Explains It All podcast, saying it happened while Trump was deposed at his Mar-a-Lago resort as part of an unrelated, since-dismissed case in which he faced accusations of collaborating with a fraudulent marketing company.As Kaplan told it, at the end of the questioning, Trump’s attorneys ensured the two sides were no longer on the record before he looked at her and remarked: “See you next Tuesday.”The phrase is well-known, thinly veiled code for perhaps the most offensive misogynistic insult that can be directed at a woman, combining words that sound like the first two letters of the word – “C” and “U” – along with words that start with the letters “N” and “T”.Kaplan told Conway that she initially didn’t understand the meaning of what Trump said because the opposing sides weren’t scheduled to meet that upcoming Tuesday. “I, thank God, had no idea what that meant, so I said to him, ‘What are you talking about? I’m coming back on Wednesday,’” Kaplan remarked. “Literally, it was an honest answer. I had no idea what he’s talking about.”Colleagues of Kaplan informed her what Trump had meant by saying “see you next Tuesday” once they were all in their car driving away from Trump’s property, she said.“That is a teenage boy-level joke,” the podcast co-host Sarah Longwell said.View image in fullscreenKaplan replied: “Had I known, I for sure would have gotten angry … I looked like I was being above it all, which I wasn’t. I just did not know.”Conway – a conservative attorney formerly married to Trump’s White House counsellor Kellyanne Conway – punctuated Kaplan’s recollections by saying: “So that’s just an amazing story.”According to Kaplan, Trump had also thrown a temper tantrum that day when his legal team offered to provide lunch to Kaplan and her associates.“There was a huge pile of documents, exhibits, sitting in front of him, and he took the pile and he just threw it across the table – and stormed out of the room,” Kaplan said.That claim in particular called to mind another anecdote produced by testimony to the congressional committee that investigated the Capitol attack staged by Trump supporters after he lost the 2020 election to Joe Biden. A former White House aide testified that Trump angrily threw a plate of food at a wall in the White House – smearing it with ketchup – after his attorney general at the time publicly denied that there had been voter fraud in the race won by Biden.Kaplan represented Carroll in a separate legal matter that saw the former Elle magazine writer sue Trump on accusations that he sexually abused her in a department store changing room in the mid-1990s. Carroll’s lawsuit asserted that Trump then defamed her as he attacked her credibility.On 26 January, a jury in federal court in New York awarded Carroll $18.3m in compensatory damages as well as $65m in punitive retribution over defamatory statements that Trump made against her. Those damages were in addition to an award of about $5m that the presumptive 2024 Republican White House nominee was ordered to pay in May after being found liable for abusing Carroll.Trump has said he intends to appeal the recent verdict awarded to Carroll, which came as he grapples with more than 90 criminal charges in various jurisdictions for subversion of the 2020 election, illegal retention of government secrets after he left the Oval Office, and hush-money payments to an adult film actor who has alleged extramarital sex with him.For her part, Kaplan appeared on ABC’s Good Morning America on Monday and expressed confidence that her team would be able to collect the judgment against Trump.“We might not get it right way,” she said. “But one way or the other, he owns a lot of real estate. It can be sold.” More

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    ‘He’s nothing’: E Jean Carroll says ‘we don’t need to be afraid’ of Donald Trump

    E Jean Carroll says the $83.3m awarded to her in her defamation case against Donald Trump shows “we don’t need to be afraid” of the former president.“It was an astonishing discovery for me – he’s nothing,” Carroll said on Monday night on MSNBC’s Rachel Maddow show. Comparing Trump to “a walrus snorting” and “a rhino flopping his hands”, the former Elle magazine columnist added: “He can be knocked down.”The jury in Carroll’s case against Trump in federal court in New York decided on Friday that she deserved $65m and $18.3m in punitive and compensatory damages, respectively, after defamatory statements the presumptive 2024 Republican White House nominee made against her over allegations that he sexually abused her.Those damages were in addition to an award of about $10m against Trump in May, when another jury held the ex-president liable for sexually abusing Carroll in a department store changing room in the mid-1990s.Carroll spent Monday making the rounds on the national media circuit, first appearing on ABC’s Good Morning America and pledging to give money from her judgment to something Trump “hates”, such as “a fund for the women who have been sexually assaulted by him”.She also said on Good Morning America that she was terrified to confront Trump in open court alongside her attorney but ultimately came to realize that he was like “an emperor without clothes”.Carroll revisited that theme in her later conversation on Maddow’s show.“Three, four days before trial, I had an actual breakdown,” Carroll told Maddow. “I lost my ability to speak, I lost my words, I couldn’t talk and I couldn’t go on … That’s how frightened I was.”But Carroll reiterated her imagination was worse than anything she encountered.“Amazingly, I looked out, and he was nothing,” Carroll said to Maddow. “He was nothing. He was a phantom. It was the people around him who were giving him power. He himself was nothing.”Carroll also joked to Maddow that she would take her shopping for a new wardrobe and buy her a penthouse with some of the money Trump had been ordered to pay up.skip past newsletter promotionafter newsletter promotionElsewhere on Friday, Trump went on Truth Social after the decision came down and fumed about how the US court system was “out of control”.He also said he intended to appeal the verdict awarded to Carroll, which came in the middle of his legal problems seemingly multiplying.Not only has other civil litigation in New York put his business practices under scrutiny, he is also facing more than 90 criminal charges in various jurisdictions. Some of those charges include attempting to forcibly overturn the results of the 2020 election, illegally retaining government secrets after his presidency, and giving hush-money payments to an adult film actor who has alleged an extramarital sexual encounter with him.Carroll and her lead attorney, Roberta Kaplan, said on Monday on Good Morning America that they were confident they would collect Friday’s judgment against Trump.“I think we planted our flag,” Carroll added on MSNBC. “I think we’ve made a statement that things are going to be different – that there is going to be a new way of doing this in this country.” More

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    E Jean Carroll aims to give defamation money ‘to something Trump hates’

    E Jean Carroll intends to spend the $83m awarded to her in her defamation trial against Donald Trump on something the former president “hates”, she revealed just days after the judgment.On Friday, the jury in Carroll’s case decided that she should receive $18.3m in compensatory damages and $65m punitive retribution in the case pitting her against Trump. Of the $18.3m, Trump was told to pay Carroll $11m to fund a reputational repair campaign and $7.3m for the emotional harm caused by statements he made against her in 2019.Carroll and her legal team did not speak to reporters as they left court but broke their public silence on Monday in an interview with Good Morning America.Alongside her lawyer Roberta Kaplan, Carroll told host George Stephanopoulos that Friday’s win had left her overcome with “elation”.“It filled me up … It was almost painful,” she said, adding: “Today, I’m very happy.Stephanopoulos asked her to give the public an idea as to how she planned to spend the millions of dollars she’s won, and Carroll provided a clear outline.“I’d like to give the money to something Donald Trump hates,” Carroll said. “If it’ll cause him pain for me to give money to certain things, that’s my intent.”Carroll also said that she would perhaps explore giving to “a fund for the women who have been sexually assaulted by Donald Trump”.Trump went on his Truth Social platform to decry Friday’s decision as “absolutely ridiculous” and said he would be filing an appeal.“Our Legal System is out of control, and being used as a Political Weapon,” Trump’s Truth Social post said in part. “THIS IS NOT AMERICA!”Pointing to Trump’s combative response, Stephanopoulos asked Carroll’s attorney whether or not their side expected to collect the money awarded to them. Kaplan said that she was “pretty confident”.“We might not get it right away. But one way or the other, he owns a lot of real estate. It can be sold. We will collect the judgment,” Kaplan said.In the weeks leading up to the trial, Carroll revealed that she wasn’t sleeping or eating in anticipation of facing the former president.A judge determined Trump had defamed Carroll after sexually abusing her in a department room dressing store in the mid-1990s and subsequently defamed her.However, once she arrived for the trial that produced Friday’s judgment, Carroll said seeing Trump was like seeing “an emperor without clothes”.“It was like he was like nothing, like an emperor without clothes,” Carroll said. “All my terror leading up to it, and there he is. He’s just something in a suit.”The recent trial was separate from one about a year earlier in which Carroll won $5m for sexual abuse and separate, earlier remarks which had also defamed her. The proceeding was mostly absent of theatrics, though Trump caused a stir when he walked out during Kaplan’s closing statement.Asked about her reaction to that moment, Kaplan quipped that she felt the moment won Carroll about $10m.“The idea in a case where our basic thesis is that he’s a bully who can’t follow the rules, to act like a bully who doesn’t follow the rules? An interesting strategy, let me put it that way,” Kaplan said about how Trump stormed out during her closing statement.Kaplan went on to note that if Trump goes on to defame Carroll again, they would “bring another case”.“It’s just going to be more money,” Kaplan said. More

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    Donald Trump ordered to pay E Jean Carroll $83.3m in defamation trial

    A New York City jury awarded $83.3m to E Jean Carroll in her defamation trial against Donald Trump on Friday.Carroll will receive $18.3m in compensatory damages and $65m in punitive retribution. The former president is paying Carroll compensatory damages of $18.3m – $11m to fund a reputational repair campaign. The $7.3m is for the emotional harm caused by Trump’s 2019 public statements. Carroll and her legal team were beaming as they left court in a black SUV. They did not answer questions immediately after court let out.Moments after the decision was announced, Trump decried it as “absolutely ridiculous” on Truth Social, and said he would be filing an appeal.“I fully disagree with both verdicts, and will be appealing this whole Biden Directed Witch Hunt focused on me and the Republican Party,” Trump wrote. “Our Legal System is out of control, and being used as a Political Weapon. They have taken away all First Amendment Rights. THIS IS NOT AMERICA!”The Manhattan federal court decision comes less than one year after Carroll won $5m in her sexual abuse and defamation trial against Trump.This sum stems from Carroll’s rape claim against the president in a June 2019 New York magazine article. The publication ran an excerpt of her then-forthcoming book, What Do We Need Men For? A Modest Proposal.In that excerpt, Carroll said that Trump raped her inside the dressing room of a luxe Manhattan department store around early 1996. The tenor of Trump’s denials – saying, for example, that she lied and was a political operative – became the subject of her 2019 defamation suit against him.At the time, Carroll could not sue Trump over the alleged assault, as it would have taken place outside the civil statute of limitations. A novel New York state law in 2022, the Adult Survivors Act, opened a one-year window for adult accusers to file suit for incidents outside the civil statute of limitations.Carroll filed another lawsuit, this one over the incident and defamatory statements after Trump’s presidency ended. This lawsuit proceeded to trial first and the judge in both cases, Lewis Kaplan, determined jurors’ findings – that Trump sexually abused Carroll and tarnished her reputation – would be accepted as fact in this trial.As a result, Trump could not re-litigate her sexual abuse claim. The jurors were tasked only with weighing financial penalties for damaging Carroll’s reputation – and the sum required to keep Trump from making still more defamatory statements.“I’m here because Donald Trump assaulted me, and when I wrote about it, he said it never happened,” Carroll said on the stand. “He lied, and it shattered my reputation. I expected him to deny it, but to say it was consensual, when it was not. But that’s what I expected him to say.”She continued: “The thing that really got me about this was, from the White House, he asked if anyone had any information about me, and if they did, to please come forward as soon as possible, because he wanted the world to know what’s really going on – and that people like me should pay dearly.”Trump did not attend Carroll’s first trial but made appearances at the second – marking the first time she confronted him publicly in a courtroom. Trump’s comportment during the courtroom showdowns was in keeping with his infamously bombastic behavior, prompting warnings from the judge.“Mr Trump has the right to be present here. That right can be forfeited, and it can be forfeited if he is disruptive, which is what has been reported to me, and if he disregards court orders,” Kaplan warned.“Mr Trump, I hope I don’t have to consider excluding you from the trial … I understand you are probably very eager for me to do that.”“I would love it, I would love it,” Trump retorted with a gesture.“I know you would, you just can’t control yourself in this circumstance, apparently,” Kaplan said.skip past newsletter promotionafter newsletter promotionThe end stages of this trial were also marked by another hallmark of Trump’s legacy: Covid-related chaos. On 22 January, trial proceedings were postponed as one juror experienced coronavirus symptoms; his leading attorney, Alina Habba, also told judge Kaplan that she felt unwell and had been exposed to Covid.Trump did take the stand on 25 January. Kaplan restricted the scope of her questions and his responses, as per his prior ruling that he could not re-litigate her claims.Habba was allowed to ask: “Do you stand by your testimony in the deposition?”“One hundred percent, yes,” he said, referring to the deposition in which he denied her claims.“Did you deny the allegation because Ms Carroll made an accusation?”“That’s exactly right. She said something, I consider it a false accusation. No difference,” Trump retorted. This sparked an objection from Carroll’s camp. Kaplan said that everything after “yes, I did” was stricken.“Did you ever instruct anyone to hurt Ms Carroll in your statements?”“No. I just wanted to defend myself, my family, and frankly, the presidency,” Trump said. Carroll’s team objected again. Kaplan deemed that everything after “no” be stricken, so jurors were ordered to disregard this statement.In total, Trump’s direct and cross testimony lasted about two or three minutes. More

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    Trump abruptly leaves court during closing arguments in E Jean Carroll trial

    As E Jean Carroll’s second defamation trial against Donald Trump neared its final stage Friday morning in New York, proceedings quickly took a turn for the absurd with the judge threatening his lawyer with “lockup” and the ex-president leaving about 10 minutes into the former Elle writer’s closing argument. Trump returned to court for his defense’s closing.Trump’s abrupt departure came as Carroll’s lead attorney, Roberta Kaplan, was delivering her closing argument – shortly after she noted that he had continued to defame the columnist during this very trial. Trump left.Kaplan had provided a chronology of the harm endured by Carroll due to Trump’s attacks in advance of the remark that appeared to trigger him.“Donald Trump’s denials and vicious accusations were all complete lies. That has already been proven, right in this courtroom, by a jury,” Kaplan said.“This case is also about punishing Donald Trump for what he has done and for what he continues to do,” Kaplan said, adding shortly thereafter: “This trial is about getting him to stop, once and for all.”Kaplan noted that he started to smear Carroll within a day of her last court victory, which found that he had defamed her. “Donald Trump, however, acts as if these rules and laws just don’t apply to him” and pointed out that he spent “this entire trial” attacking Carroll with nefarious posts.It was right about this time that Trump walked out of court.“Excuse me,” Judge Lewis Kaplan said. “The record will reflect that Mr Trump just rose and walked out of the courtroom.”At the end of her closing, Roberta Kaplan urged jurors to hold Trump accountable – and insisted that the only way to make him follow the law and stop defaming Carroll would be a hefty penalty.“The one thing Donald Trump cares about is money,” she said. “While Donald Trump may not care about the law, while he certainly does not care about the truth, he does care about money.“The question for you as a jury is this: given Donald Trump’s insistence on continuing to defame Ms Carroll and considering his immense wealth, how much will it take to make him stop?“He thinks the rules that govern everyone else don’t apply to him,” Kaplan added.Trump’s lead attorney in this case, Alina Habba, started delivering her closing around 11.15am and quickly blamed Carroll for the backlash and suggested the former president was the victim.Habba said: “There is no one that can truly express the frustration of the last few years better than my client, the former president of the United States.”Habba then played a video that had been introduced by Carroll’s team in which he doubled down on his denials, in a way her camp contended was defamatory.“I have absolutely no idea who this woman is. The verdict is a disgrace, a continuation of the greatest witch-hunt of of all time,” Trump said in this video clip.“You’re right that’s how he feels. Can you imagine a world where someone can accuse you of a terrible accusation and you defend yourself, respond to reporters on the south lawn as the sitting president?” Habba said.“The president has been consistent. She’s right, he has said this same thing over and over and over again and do you know why he has not wavered? Because it’s the truth,” Habba said, prompting an objection from Carroll’s team.She then started to attack Carroll’s credibility, which appeared to edge toward breeching Kaplan’s prohibition on litigating the facts.“If you violate my instructions again, Ms Habba, you may have consequences,” he warned.skip past newsletter promotionafter newsletter promotionProceedings appeared poised to be rocky before they started.Within less than 10 minutes of Trump’s arrival to the courtroom, as both sides were discussing items they wanted to include in their closings before jurors entered, the judge threatened Habba, with punishment when she tried to interrupt him, saying: “You are on the verge of spending some time in the lockup. Sit down!”As closings unfolded, Trump continued to go on the attack against Carroll, with several posts appearing on his Truth Social account, including one calling her account a “hoax”.Closings came one day after Trump – whom Carroll sued for defamation over his denials of her rape allegation in 2019 – testified for less than five minutes, as the judge had limited what his lawyer could ask him, and what he could say.The judge had previously ruled that jurors’ findings in Carroll’s first trial against Trump – that he sexually abused her around late 1995 and when she came forward in 2019, defamed her – would apply in this trial. This ruling meant that the ex-president couldn’t re-litigate her claims and, as a result, jurors are only weighing damages in the ongoing proceedings. Trump did not attend the first trial.One of the questions Habba was allowed to ask was: “Do you stand by your testimony in the deposition?”, during which he denied Carroll’s claim.“One hundred per cent, yes,” he replied.“Did you deny the allegation because Ms Carroll made an accusation?” Habba pressed.“That’s exactly right. She said something, I consider it a false accusation. No difference,” he said, prompting an objection from Carroll’s team. Kaplan ordered that everything after “yes, I did” would be stricken.“Did you ever instruct anyone to hurt Ms Carroll in your statements?”“No. I just wanted to defend myself, my family, and frankly, the presidency,” Trump answered, prompting yet another objection. Kaplan ordered that everything after “no” be stricken, meaning jurors were directed to disregard his commentary.The jury started deliberating at 1.40pm local time. More