How Trump's deposition in Carroll case will ultimately hurt him if he never testifies: Legal analyst

After the testimony of writer E. Jean Carroll in her civil suit against Donald Trump, one analyst said that what is clear is that the former president's absence from the courtroom is working against him.

Speaking to MSNBC, legal analyst and defense attorney Danny Cevallos explained the cross-examination by Trump lawyer Joe Tacopina. In this case, the attorney attacked her memory or perception of an event. Tacopina also dug up a draft of her book that attacked Trump's policies to imply that the accusations were purely political.

"Let me ask you about what the defense started with, the CNN interview where she talks about not calling it rape because rape can be a fantasy for some people," host Katy Tur cited. "Donald Trump was asked about this in his video deposition. Again, Donald Trump has not testified but he did give a video deposition. And (in that deposition) he said, 'She actually indicated that she loved it, okay? I think she said it was sexy. Didn't she say it was very sexy to be raped?'"

"She actually indicated that she loved it, okay?" Trump said. "I think she said it was sexy. Didn't she said it was very sexy to be raped?"

Jean Carroll's attorney said: "I want to confirm it's your testimony that E. Jean Carroll said she loved being sexually assaulted by you?"

Trump: "Based on her interview with Anderson Cooper, I believe that's what took place."

It's comments like those that the co-hosts of "The View" said will likely sink Trump in the end.

"Oh, gosh, go through that for me, Danny," Tur continued. "What is he saying here? Is he admitting to this? How significant is that?"

Cevallos explained that Trump was using one of his favorite tactics of saying, "If that's what she said, then that's what happened." He said that it has Trump on a video "vaguely committing to her story."

"And why this is particularly devastating for Trump as a civil defendant here is that, assuming he does not appear," Cevallos went on, "the plaintiff will be permitted to play into that evidence. He won't be able to get on the stand and say: 'This is taken out of context. What I meant is that's what she's saying. That's her story.' Which I'm sure is what he would say, were he on the stand. That's the challenge people don't realize. Depositions can make or break a case. If you say something out of context, that's locked in granite and is going to come back to bite you."

Trump's lawyer was required to tell the judge by the end of the day if Trump would appear in court. Thus far, Trump has indicated he's not willing to testify, much less appear.

Former federal prosecutor Joyce Vance explained that the empty chair is something that the jury stares at throughout the trial. Trump's lawyers wanted to explain away Trump's absence, claiming that it was about security and burdening police, but the judge made it clear that they can't excuse Trump'sabsence merely on the basis of security concerns.". If Trump wants to testify he has to show up and say that himself.

Trump has clashed with Judge Lewis Kaplan since the beginning of the trial, after he went off on a rant on his social media site and was chastised for it.

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