'His only shot': Legal expert explains how Trump has neutered Joe Tacopina's defense

Donald Trump was eager to speak out about the civil trial in New York with E. Jean Carroll on his social media account, but when it came time to testify under oath, he flew off to Scotland.

Lawyer Joe Tacopina has been one of Trump's many attorneys who took on the cross-examination of Carroll, trying to tear down her story and label it as false.

"The big things to keep in mind about this trial are, first, civil, 51 percent, not beyond a reasonable doubt and, second, Donald Trump cannot testify," former prosecutor Harry Litman explained on MSNBC's "The Beat" Monday. "So, from here, this was his big stop, Tacopina's, to actually score points because Trump can't tell his story. He had to get it through Carroll. Where are we headed now? Two witnesses who are going to say she told me about it at the time. Two more witnesses who say he assaulted me just as he assaulted her. Then the 'Access Hollywood' tape."

Anchor Ari Melber told Litman that Tacopina's argument is 'if you didn't report it, then it wasn't true.' E. Jean Carroll argued that it was during a different era, long before the "Me Too" movement, and it's one of the many reasons she was too scared to report it.

"That's right. His whole theory is she's making it up out of whole cloth. He goes for two days on a cross-examination, doesn't wear kid gloves, and does the kinds of points you would do if you're alleging, was this consensual or whatever," said Litman. "But really, his point has to be — his only shot, she's making it up completely and, yes, she'll have two witnesses, including one who says concretely, I didn't go down to Mar-a-Lago after hearing about this because I was so disgusted with Trump. He's got to do everything he can through them because Trump will not, cannot testify."

Former federal prosecutor Barb McQuade added that there would also be experts that explain that it's rare for rape victims to scream, which was something Tacopina focused on.

"One hopes this is a teachable moment for America and that we'll see this lesson in this jury, that they do appreciate the idea that for all of the social reasons, for all of the victim shaming, there are good reasons people don't come forward when they're victims of sexual assault," said McQuade. "In fact, in some ways, Joe Tacopina is Exhibit A as to why people don't come forward when they've been victims of sexual assault because this is the humiliating kind of cross-examination they have to endure."

See the full conversation with the former federal prosecutors below or at the link here.

Legal analyst outlines Joe Tacopina's only options since Trump won't speakyoutu.be