Judge sounded like he's 'considering sanctioning a party' after remarks to Trump’s lawyer: legal expert

An exchange Tuesday morning between Donald Trump's lawyer Joe Tacopina and Judge Lewis Kaplan left one former prosecutor-turned-law-professor wondering if there were about to be some sanctions passed down.

At the start of the proceedings, E. Jean Carroll's lawyer Robbie Kaplan (no relation to the judge), brought up the morning posts by Trump on Truth Social in which he complained that he was "not allowed to speak or defend myself, even as hard nosed reporters scream questions about this case at me."

In response, Tacopina told the judge that it "is not anything that would require any instruction to the jury," according to Law&Crime reporter Adam Klasfeld.

"I'm not instructing the jury," Judge Kaplan said. "We're dealing here with what we're dealing with, and I have no further comment."

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"Judges say stuff like this when they're at least considering sanctioning a party," said University of Alabama professor Joyce White Vance. "Whether he does or not, it's now part of the record [and] Carroll's lawyers can argue it on appeal if necessary."

From the beginning of the case, Judge Kaplan warned Tacopina about his client's public comments. Tacopina has said he would ask Trump to keep quiet about the case.

“I hope you’re more successful because we are getting into an area, conceivably, in which your client may or may not be tampering with a new source of potential liability,” Kaplan told Tacopina.

Speaking to Klasfeld, federal prosecutor Mitchell Epner said he thought Carroll’s legal team might decide to do something about the matter.

“I would not be surprised if Roberta Kaplan moves by order to show cause for dramatic financial sanctions on former President Trump for today’s untruthful post on Truth Social,” said Epner.