Former President Donald Trump’s legal troubles continue as he faces yet another defamation trial, set to kick off on Tuesday, January 16.
The trial will focus on comments made by Trump about E. Jean Carroll, a columnist who accused him of sexual assault. In a ruling on Tuesday, U.S. District Judge Lewis A. Kaplan set ground rules for the damages phase, allowing the infamous 2005 ‘Access Hollywood’ tape to be played to jurors.
The tape, in which Trump was heard speaking derogatorily about women, was recorded over a decade before he was elected as President of the United States in 2016. Now, it will serve as evidence for jurors in deciding what Trump should pay Carroll, who has accused him of sexually abusing her and then defaming her.
During the trial last year, a jury found that Trump did sexually abuse Carroll in a luxury department store in 1996 and defamed her in 2022. They awarded her $5 million in damages. However, the upcoming trial will focus solely on damages, as per the jury’s findings in the previous case.
In a written order, Judge Kaplan stated that the ‘Access Hollywood’ tape could be useful in understanding Trump’s state of mind when it came to how he viewed Carroll. He noted the similarities between the behavior described on the tape and Carroll’s sexual assault claims.
According to Kaplan, the jury could find that Trump was willing to privately admit to sexual assaults that were eerily similar to the one Carroll alleges. Trump’s lawyers did not immediately respond to a request for comment on the ruling.
The jury in May did not find enough evidence to support Carroll’s claim that Trump raped her in the dressing room of a luxury department store. Trump has adamantly denied the allegations, stating that he did not know Carroll, she was not his type, and that she was likely making false claims for personal gain and political reasons.
In addition to the defamation trial, Trump is also facing a lawsuit from New York Attorney General Letitia James. She is seeking over $370 million in damages and wants to bar him from conducting any business in the state. The case accuses Trump of inflating property values to secure loans for his businesses.
Furthermore, Trump is facing a criminal investigation in Georgia for his efforts to overturn the 2020 election results. He has been accused of pressuring state officials to overturn Joe Biden’s victory in the state.
Despite being listed as a witness for the upcoming trial, it is unclear whether Trump will testify. During a recent speech in Iowa, he told the crowd that his lawyer had advised him not to attend due to it being ‘beneath him.’ He also mocked Carroll and expressed frustration at having to pay her money, stating that he has no idea who she is.
In a previous statement, Trump’s attorney Joe Tacopina said that the ‘Access Hollywood’ tape being used as evidence would be a part of Trump’s appeal of the verdict. Judge Kaplan has ruled that Trump cannot testify regarding his belief in Carroll’s account or whether he personally questioned her motives. He also cannot claim that he did not sexually abuse her or that he did not act with malice when making public statements in 2019.
The trial is expected to last three to five days, and Trump, 77, could potentially take the stand. His attorneys have argued that Carroll has political and financial motivations for accusing Trump, but Judge Kaplan has barred them from introducing evidence or arguments to support this claim. The case will be closely watched as Trump continues to face numerous legal challenges.