'Courtroom theater': Legal expert pours cold water on Trump attorney's mistrial effort

Reacting Donald Trump attorney Joe Tacopina bid to get the E. Jean Carroll rape and defamation trial thrown out as a mistrial, former U.S. Attorney Joyce Vance slapped aside his reasoning.

Tacopina claimed in a Monday morning filing that Judge Lewis Kaplan has been tying his hands as he attempts to defend the former president from accusations he sexually assaulted the former journalist in a department store dressing room decades ago.

ABC7 reported, "Defense attorney Joe Tacopina said the judge has mischaracterized elements of the case and improperly shut down certain lines of questioning during cross-examination. Tacopina said he should have been allowed to explore why Carroll did not pursue security camera footage from the store and why Carroll did not go to the police following the alleged rape."

In a series of tweets, Vance said the mistrial gambit will fall flat on its face -- and for good reason.

Including a screenshot of the Trump attorney's filing, Vance wrote, "A little courtroom theater from Trump's attorney Joe Tacopina, who is moving for a mistrial because of comments the judge made etc. This won't result in a mistrial, but they are setting up an argument they'll make in appeal if the jury finds against Trump."

She then added, "Judges routinely give a 'clean up' instruction before a jury deliberates, telling them not to construe anything the court says as evidence, or as a suggestion of what their verdict should be. The judge here is experienced & steady & unlikely to be thrown by Trump tactics."

"What's next? After Carroll’s testimony, the jury will hear from 4 important witnesses, all women. 2 are "outcry witnesses"-Carroll told them about Trump's assault at the time it occurred, 2 will testify Trump assaulted them too. Their testimony supports her credibility," she asserted.

Asked by a Twitter follower, "Question, why hasn't the Access Hollywood tape been admitted as evidence? I mean, he confessed to doing exactly the sort of thing Carrol is accusing him of. Isn't that best corroboration you could ask for?" Vance replied, "In my newsletter this morning, I explained the judge has cleared it to come in, and the reason, grounded in the federal rules of evidence, why it is admissible (for those of us who are truly nerdy)."