Donald Trump's lawyer, Alina Habba, got off to a rough start on Thursday in the defamation trial of her boss — who took a break from personally attending so he could attend his mother-in-law's funeral.
The former president has been sued for defamation by E. Jean Carroll. He has already been found liable of sexual abuse and defamation at a separate trial.
Habba continued Thursday by reading a list of tweets that she had started detailing before the close of Wednesday's afternoon session. The tweets attacked the writer's sexual assault claims and were sent prior to Trump's defamatory attacks on her in 2019, Carroll conceded.
"That was before President Trump's tweet?" Habba asked.
"Yes," she replied.
Early on, Habba struggled to ask a question and Judge Lewis Kaplan was forced to step in to help her phrase it properly.
"You are not suing about the White House statement, or the Cut," Habba said, referring to an article that Carroll wrote for the magazine The Cut in 2019 in which she made her allegations.
Kaplan cut in.
"This is not clear," he explained.
Habba: "I'm trying to clear it up."
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"Let's clear it up: Ms. Carroll, in The Cut it says President Trump denied, you're not suing on that?" Kaplan asked. Carroll said she wasn't. Kaplan asked, "You are suing about what Mr. Trump said the second time on June 22, right?"
On June 22, 2019, Trump denied attacking Carroll and even knowing her. These were the comments Carroll claims are defamatory.
"Yes," Carroll replied.
"Now it's clear as a bell. Go on Ms. Habba," said Kaplan.
Habba began citing people who sent tweets, including an account known as "Power to the Polish," in which Habba pronounced the word as if it was to polish shoes.
"The person probably meant Polish," as in the country, the Judge explained.
It got worse. As Habba read tweets aloud, it became clear that she was only reading tweets that called Carroll a "liar" or claimed "fake news."
"And this reply calls you a lying sack of s--t," said Habba, noting it came prior to Trump's attack.
Kaplan stepped in, asking how many more of the tweets Habba had that she wanted to read to the court. She told him there were six.
"I'll admit them if there is no objection. But you've taken enough time on this," the judge said.
"May I be heard?" Habba asked.
"No."
Kaplan went on to shut down Habba's line of questioning about "sexually explicit tweets" and questions that inquired about how much money Carroll has, as if to claim she doesn't need the money from Trump.
She attempted to admit more tweets into evidence, but the judge had had his fill. Each of the objections from Carroll's lawyer ended in her favor.
Habba continued down the line of questioning to imply that Carroll, a relationship and advice columnist, was open to discussing sexually explicit topics. Each objection shut Habba down.
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