Politics
Why Trump showed up in court for his appeal of E. Jean Carroll’s trial win
On Thursday, Judge Asks Chutkan held a status conference in Washington, D.C., to discuss how Donald Trump’s federal election interference case — which carries four felony charges against the former president — should progress and how fast. Trump himself, however, was nowhere to be found.
Fast forward 24 hours to an ornate, immaculate courtroom in Manhattan’s federal appeals court, where a three-judge panel heard oral argument on Trump’s appeal of E. Jean Carroll’s first civil trial verdict that found him liable for sexual abuse and defamation. Yet after skipping the entirety of the first Carroll trial and despite not being obligated to attend, Trump showed up for the argument.
With four of his lawyers already seated at their assigned table, Trump entered slowly, flanked only by four Secret Service agents and trailed by two of his most loyal legal and political advisers, Alina Habba and Boris Epshteyn. The Republican presidential nominee wore his classic business formal outfit: dark suit, white shirt, and a long, shiny red tie.
The Carroll case, on the other hand, plays right into the twin pillars of Trump’s messaging: martyrdom and misogyny.
And before the argument began, Trump did two notable — and chilling — acts. First, while still standing, he wheeled around and surveyed the gallery of assembled press and members of the public. Eyes narrowed, he glowered in an echo of trial days past. Then, taking his seat at the head of a table immediately behind his legal team, he turned to his right, seeming to appraise a tall blonde seated at a table directly across the room. But Carroll, in a nipped-waist skirt suit with her hair tied back with a girlish, satiny bow, stared straight ahead, just as she had for nearly all of her two trials.
Thus, even before the judges arrived, the scene was riveting. But a more fundamental question remains: Why did Trump come to court at all, especially given that this case involves his smallest outstanding liability and civil litigants are never required to appear?
Let me posit a few potential reasons.
First, should Trump win the November election, many legal experts assume he will either order his Department of Justice to withdraw the two federal cases against him and/or direct the attorney general to fire special counsel Jack Smith. But as president, he would have no ability to expunge any civil liabilities or halt his civil cases. Put another way, while a president could arguably pardon himself or end any criminal cases against him, Trump simply cannot campaign his way out of any of the civil judgments against him.
Still, the first Carroll trial, which dealt with statements Trump made in fall 2022yielded a $5 million award for Carroll. That’s a gargantuan sum to most of us. But even assuming Trump’s self-proclaimed net worth is exaggeratedthat’s likely pocket change to him. So why would he care? Because although Friday’s argument was technically limited to evidentiary issues at the first trial, it could also impact the much larger, $83.3 million verdict in the second trial, which concerned Trump’s June 2019 statements.
Last year, the trial judge overseeing both Carroll cases, Lewis Kaplan, determined that the first trial verdict established that Trump’s substantively “identical” 2019 statements were also defamatory and, therefore, Trump’s liability had already been adjudicated. All that was left for the second jury, Kaplan ruled, was to decide Carroll’s damages. The flip side of Kaplan’s decision, however, is that if the appeals court overturns the first verdict, it would necessarily destroy the second. And it could have been that hope — specifically, the hope of erasing nearly $90 million owed to Carroll — that brought Trump to watch the appeal.
Yet my guess is that his wallet wasn’t the only or even primary reason Trump cared enough to visit yet another courtroom. Rather, it was his supporters’ wallets that prompted Trump to go to court and then hold court at Trump Tower for nearly an hour.
Trump and his campaign advisers well understand the perverse relationship between his perceived victimization through the civil and criminal cases against himon the one hand, and his popularity among his base, on the other. And they recognize that Trump’s fundraising peaks when he is — or simply portrays himself to be — in serious legal peril.
For example, according to PoliticoTrump’s best online fundraiser day of the first quarter of the year — and his third best overall since launching his presidential campaign in November 2022 — came on the same day that New York Attorney General Letitia James “took initial steps toward seizing his assets in the event he failed to make bond” in her civil fraud case, where she won a $450 million-plus verdict.
Similarly, The Associated Press reported that of Trump’s $141 million fundraising haul in May, more than a third came from online contributions in the 24 hours after a jury found Trump guilty on all 34 felony fraud counts in his New York hush money case. But by August — shortly after the Supreme Court handed Trump a huge victory through its presidential immunity decision and while virtually all of Trump’s cases were quiet, if not dormant — Trump’s fundraising total fell below May levels while Vice President Kamala Harris raised $361 million, nearly tripling Trump for the month.
The Carroll case, on the other hand, plays right into the twin pillars of Trump’s messaging: martyrdom and misogyny. Put another way, Trump stewed silently during court so he could unleash his grievances after, all with the goal of filling his campaign coffer and pushing back on Harris’ “prosecutor versus sexual abuser” framing.
After all, sometimes you can only win by losing. And Trump knows that well.
Lisa Rubin is an BLN legal correspondent and a former litigator. Previously, she was the off-air legal analyst for “The Rachel Maddow Show” and “Alex Wagner Tonight.”
Former Vice President Kamala Harris is wading into the heated Texas Democratic Senate primary recording a robocall for Rep. Jasmine Crockett in the final days before Tuesday’s election.
“Hi, this is Kamala Harris, and I’m calling to encourage you to please go vote for my friend Jasmine Crockett in the Democratic primary,” Harris says in a pre-recorded message, which was first reported by the Texas Tribune.
“Texas has the chance to send a fighter like Jasmine Crockett to the United States Senate. Jasmine has the experience and record to hold Donald Trump and his billionaire cronies accountable,” she continues. “It’s time to turn Texas blue.”
Harris’ endorsement marks a major jolt for Crockett in her intensifying primary fight with Texas state Rep. James Talarico on the final day of early voting in the state. The outcome of the Democratic primary, and the equally turbulent Republican primary, could prove pivotal in determining whether Democrats have a chance of taking control of the Senate.
Crockett and Harris have forged a close relationship — Crockett served as a co-chair of Harris’ 2024 presidential campaign and spoke at the 2024 Democratic National Convention, where she detailed Harris’ mentorship when she first arrived in Congress. In a December interview, Crockett said she sought advice from the former vice president before entering the Senate race.
Crockett’s campaign did not immediately respond to a request for comment.
The endorsement comes as Crockett has drawn criticism for her handling of media coverage of her campaign. A reporter for The Atlantic said Crockett’s campaign removed her from an event due to her past coverage and her campaign reportedly called the police on a CNN reporter who visited a campaign office. Crockett has said there is “no evidence” the reporter was ejected from a campaign event.
Since her 2024 defeat, Harris has only weighed in on a handful of electoral contests, but this is her first time backing a Democrat ahead of a contested primary. She traveled to Tennessee in support of state Rep. Aftyn Behn’s closer-than-expected defeat to Rep. Matt Van Epps in December.
She also endorsed some other close allies who sought higher office, including New Orleans Mayor Helena Moreno, who worked on Harris’ 2019 presidential campaign before running for mayor last year, and Dan Koh, a former White House aide in the Biden administration running in Massachusetts’ 6th Congressional district.
The endorsement offers a test of Harris’ political capital in the wake of the 2024 election. In interviews and appearances tied to her book tour detailing the whirlwind presidential campaign, Harris repeatedly refused to rule out running for political office in the future, despite passing on running for governor of California.
DALLAS — When President Donald Trump pops up in Texas for an event at the Port of Corpus Christi on Friday, he’s not expected to put his finger on the scale in the closely watched Republican Senate primary between incumbent John Cornyn, state Attorney General Ken Paxton and Rep. Wesley Hunt — all of whom will be in attendance.
But Trump’s 2024 presidential campaign team’s involvement with Cornyn’s reelect is opening a fresh wound for some pro-Paxton MAGA types.
Tony Fabrizio, Trump’s top pollster, is working for Cornyn’s campaign, and Chris LaCivita, one of Trump’s top campaign hands, works as a senior adviser for the pro-Cornyn super PAC Texans for a Conservative Majority. Steve Bannon, the longtime MAGA torchbearer, has taken issue with Fabrizio and LaCivita’s involvement.
“My belief is the Trump team should have stayed out of this race, absolutely,” Bannon told Blue Light News from a rented ranch in North Texas, where he’s been broadcasting his “War Room” show.
Asked about Bannon’s criticism of their involvement with Cornyn’s reelection efforts, Fabrizio did not respond — but LaCivita texted Blue Light News a fiery reply: “Associating with Senator Cornyn is better than being a lacky [sic] for Epstein,” he said, an apparent reference to Bannon’s newly surfaced ties to the late convicted sex offender Jeffrey Epstein.
The Justice Department’s release of documents in January revealed extensive exchanges that Epstein had with Bannon as he mounted a political influence campaign across Europe. Bannon has said little publicly about his relationship with Epstein, but he did previously call for an independent investigation into the files. Bannon didn’t respond to a request for comment on LaCivita’s response.
The intraparty conflict also foreshadows what’s likely to be an increasing number of such battles for the future of the Republican Party. Bannon, who’s all in for Paxton, is portraying the expected runoff between Paxton and Cornyn as nothing less than the battle for the soul of MAGA.
“The Paxton situation is critical, because he has been the MAGA guy since Day One,” Bannon told Playbook. Paxton, Bannon said, is more than just a candidate in a contested GOP primary. “He is a symbol of the heart of the grassroots MAGA movement.”
A White House official told Blue Light News “the president is neutral until he’s not,” and added that “John Cornyn votes with the President.”
LaCivita declined to share the backstory of how he and Fabrizio ended up working with Cornyn.
But the White House doesn’t seem bothered. “We don’t regulate the business/political choices of private individuals — if they are a part of our world — in a race where the President is neutral,” the White House official said.
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