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.”
Politics
Talarico needs Crockett’s Black voters. They aren’t all convinced.
DALLAS — Friendship-West Baptist Church is a stronghold for Black politics, where candidates pass through cycle after cycle to win over its 13,000 congregants. It’s the church Rep. Jasmine Crockett (D-Texas) calls home; her pastor, the Rev. Dr. Frederick D. Haynes III, is now running to succeed her in Congress. Even Beto O’Rourke visited last week to encourage people to register to vote.
But several congregants can’t help but notice a continued absence this year: James Talarico.
The Democratic Senate nominee has a long road ahead if he wants to flip the Texas seat blue — one that requires winning over the state’s nearly 3 million Black voters, who largely broke for Crockett in the March primary and many of whom remain skeptical of his candidacy.
“Come and make the ask. Come and try to earn the vote,” said Alan Williams, a Crockett voter and Friendship-West congregant. “I think he thinks our vote is just a default and he doesn’t have to earn it.”
In the month-and-a-half since he won the nomination, Talarico has begun criss-crossing Texas, including visiting some Black churches, holding meetings with faith leaders and elected officials, and block-walking in majority-Black cities. But frustration from worshippers at Friendship-West — who have yet to hear from him directly — and interviews with Black power brokers across the state reveal the pressure Talarico faces to move faster to heal open wounds from a contentious primary and convince voters to turn out.
David Malcolm McGruder, the church’s executive pastor, said Talarico has to do more to sell his vision to voters — and convince them he’ll follow through: “We have people who show up in our churches during the election season, but who don’t show up for us at the level of policy beyond November.”
Talarico, in an interview, acknowledged that he would “love” to visit Friendship-West soon. “My top priority is bringing our coalition back together, and that is specifically reaching out to Black Texans,” he said. “There’s no way to win Texas without winning the trust and the support of Black voters. Period. Full stop.”
It’s clear that Talarico has his work cut out for him. He wasn’t Black voters’ preferred candidate. Some are exhausted by a messy primary that thrust questions over race and electability into the center of the contest. And while Black voters are overwhelmingly committed Democrats, he needs to keep enthusiasm high to ensure they turn out, especially as concerns over voter suppression grow. (A last-minute rule change in Dallas County, Crockett’s home base, caused thousands of people to be turned away from the polls or have their ballots invalidated on primary Election Day.)
Democrats have long faced accusations that they take Black voters for granted. Several Texas strategists are worried that’ll happen again in the lead up to November — and that the party will blame Black voters if Talarico loses.
“Black voters have been let down over time,” said Antjuan Seawright, a longtime Democratic strategist who has advised the Democratic Senatorial Campaign Committee. “What some may not understand is that our vote, more so than any other constituency in the history of this country, has always been a demonstration of our trust, but our trust has either been taken for granted or has always been on the chopping block by a number of people.”
Talarico is already getting on-the-ground support from Democratic groups like O’Rourke’s Powered By People and a host of Black state lawmakers.
“We don’t have time to remain in our feelings,” added Crystal Chism, president of the Dallas County chapter of Texas Coalition of Black Democrats. “We need to make the main thing the main thing, and that’s getting Talarico elected.”
But there’s a notable ally missing: Even though Crockett quickly conceded the race and endorsed Talarico in March, she has yet to hit the campaign trail or put much effort publicly into rallying the base behind him. Crockett, through a spokesperson, declined an interview request for this story.
Talarico said he and Crockett have “exchanged a few messages” since the primary and he “would love nothing more” than to have her on the campaign trail.
“He’s got his work cut out for him,” noted Russell Maryland, the former No. 1 NFL draft pick who won three Super Bowls with the Dallas Cowboys and voted for Crockett in the primary. “He’s gonna have to work to win over Jasmine’s supporters. … Talarico will really need to put his fingers in the ground, so to speak in football terms, and kick up some dust.”
The seminarian is still trying to overcome some of the criticism leveled against him in the lead up to the primary.
In February, a PAC that supported Talarico ran a TV ad with the tagline, “If she wins, we lose.” Crockett claimed the ad darkened her skin and said it was bigoted. “It’s not even undertones right now,” she said. “It’s straight-up racist.” (Talarico, in an interview, emphasized that the PAC was not affiliated with his campaign and that he disagreed with its message. He added that he believes Crockett is electable statewide in Texas, as he has said before.)
Then a social media influencer claimed Talarico told her in a private conversation that former Rep. Colin Allred (D-Texas), who dropped out of the Senate race right before Crockett joined, was a “mediocre Black man.” Talarico has said that was a mischaracterization of his comments, and that he was describing Allred’s method of campaigning as mediocre.
Allred, who is now in a competitive run-off to represent Texas’ 33rd district, said in an interview that he backs Talarico. “Of course I support him,” he said. “I support Democrats. I’ve been supporting Democrats here for my whole life.”
But Talarico’s challenge, Allred added, isn’t convincing Black voters to support him over the Republican nominee — it’s convincing them to turn out.
“He needs to show comfort in Black spaces and Black communities,” Allred said. “I’m sure he can do that, but there’s just no substitute for it. Particularly given how some of the ads that ran, there may be some element of having to show contrition, even if he wasn’t responsible for all those.”
Talarico has visited Black churches almost every weekend since the primary, and he dropped by Prairie View A&M University, an HBCU, on Wednesday, where he acknowledged he has “got to earn the trust and the respect and the support of every single one of the congresswoman’s supporters.” He blocked-walk in majority-Black DeSoto, Texas and held a roundtable with Black community leaders in Austin recently. And last month, he convened African American clerics at Saint Luke Community United Methodist Church in Dallas for a discussion about policy.
“The Democratic Party has taken Black voters for granted and assumed that they’re just part of the base, assumed they’ll just show up and vote for you,” Talarico said in an interview. “And I think we’ve seen the disastrous results of that kind of disrespect toward Black voters.”
To his benefit, Talarico has an army of Texas Democrats anxious to flip the state for the first time in decades. Last Sunday, O’Rourke — whose three-point loss in 2018 to GOP Sen. Ted Cruz was Texas Democrats’ high-water mark this century — mingled with congregants at Friendship-West, while his organization’s yellow-vested volunteers encouraged them to check their voter registration.
“I love James Talarico,” O’Rourke said. “I’m excited for him. I’ve talked to him and said, ‘You can send me anywhere that the campaign can’t get to. I will raise money for you. I’ll go try to get your volunteers fired up. I’ll speak as a surrogate. You let me know.’”
State Sen. Royce West of Dallas, who voted for Crockett and has since endorsed Talarico, is also optimistic, if more measured: “He’s warming up. He has support within the African American community. Is it where it needs to be? No. Is he making strides? Yes.”
On the Republican side, longtime Sen. John Cornyn and Attorney General Ken Paxton are locked in a lengthy and expensive run-off that could play to Democrats’ advantage. Talarico’s internal polling shows him competitiveagainst either candidate, but some observers think he has a stronger path against Paxton given his myriad controversies. Talarico boasts a cash advantage with almost $10 million cash on hand after the first quarter of the year, compared with Cornyn’s more than $8 million and Paxton’s $2.6 million.
“There’s work to be done,” said Cliff Walker, a Texas Democratic strategist and principal at Seeker Strategies. “But I don’t stay up at night worried that we’re not going to be able to reassemble this coalition in time for November.”
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