Defending the Truth: The Case of Lewis A. Kaplan in Donald Trump’s 2020 n-term Axis Affair
The measure passed, and shortly after midnight on Nov. 24, when it took effect, Ms. Carroll sued Mr. Trump. After years of accusations and denials, a jury will be charged with deciding the truth during the trial that is scheduled for Tuesday in Federal District Court in Manhattan.
Mr. Trump is also facing a criminal investigation by the Fulton County, Ga., district attorney over attempted interference in the 2020 election; by a federal special counsel over his decision to keep sensitive government documents at his Mar-a-Lago residence, and for his role in the events leading up to the Jan. 6, 2021, assault on the Capitol. He has denied wrongdoing in all the cases.
A cyclone of news coverage followed his arraignment. His history of attacking judges, law enforcement officials and even individual jurors in other matters, has led the judge in Ms. Carroll’s case, Lewis A. Kaplan, to take steps to protect jurors who might fear retribution by the former president’s supporters: He ordered that they be kept anonymous, even from the lawyers and parties.
Carroll’s lawyers have said they may produce a number of witnesses to bolster their client’s claims, including Bergdorf Goodman staffers, two friends in whom Carroll confided not long after the alleged rape, and two women who have publicly claimed Trump sexually assaulted them, Natasha Stoynoff and Jessica Leeds.
The judge in the case, Lewis A. Kaplan, described it as a “he said, she said” case. Ms. Carroll says she turned to her friends after the assault and that they corroborate her story. Her depiction of Mr. Trump may also be bolstered by the “Access Hollywood” tape, which the judge has allowed as evidence along with the testimony of two women who have accused Mr. Trump of nonconsensual sex acts, allegations that Mr. Trump has denied.
Trump’s lawyers are expected to argue that Carroll’s nearly 30-year old claims cannot be proved, and that Carroll was motivated by the potential for book sales and publicity.
The second suit was filed in November 2022, under New York’s Adult Survivors Act, which opened a one-year window for people alleging sexual assault to bring civil claims older than would otherwise be allowable under the statute of limitations. Like the first suit, the second one contains a defamation claim. Because Trump was no longer president at the time the claim was filed, it has proceeded quickly to trial.
Mr. Trump’s lawyers will deploy strategies that are at this point familiar — because they are often effective despite capitalizing on myths about abuse. Since Mr. Trump is anticipated not to testify at trial, his case is likely to hinge on attacking Ms. Carroll’s own account. The defense may claim that Ms. Carroll kept laughing after the incident that led the two to the dressing room, as she stated in her complaint.
Donald Trump’s team is considering calling Dr. Nace, a psychiatrists, and Trump himself. It is unclear whether the former President will attend the trial if he does not take the stand.
Carroll is asking for unspecified damages, and demanding that Trump retract an allegedly defamatory statement about her. The damages could run to tens of millions of dollars.
The election of Mr. Trump resulted in a campaign by women who accused him of sexual harassment. She credits that movement with inspiring her to take on more responsibilities. She recounts watching the Weinstein accusers and many other people tell their stories in the civil complaint. As her complaint put it, she “saw how women had at last changed the public conversation by saying ‘Me Too’ and by demanding accountability.”
Thorough testimony from a rape accuser is usually not enough to overcome the credibility discount. Like most accusers, Ms. Carroll will need to overcome formidable barriers to belief. In a civil case like this, there’s an uphill fight for accusers because the standard of proof is lower.