'I been practicing for 42 years' and never had a 'harasser' talk as Trump did in deposition: legal analyst
Former U.S. President Donald Trump sits with his attorneys Joe Tacopina and Boris Epshteyn inside the courtroom during his arraignment at the Manhattan Criminal Court April 4, 2023 in New York City. (Photo by Andrew Kelly-Pool/Getty Images)

Clips of Donald Trump's deposition in the E. Jean Carroll case are still the topic of conversation as the trial wraps up. Tuesday, the jury will return to get instructions and begin its deliberations.

Speaking about the case to MSNBC host Ari Melber, civil rights attorney Nancy Erika Smith explained that the reason that the case was able to be brought in the first place is that legislators recognized that "women have been failed by the system when it comes to sexual assault."

Carroll brought two "fresh complaint witnesses," those to whom the victim talked with "reasonable promptness" after the assault happened.

Trump's lawyer Joe Tacopina claimed that they were lying.

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For Trump, however, Smith explained that Trump has an "M.O." outlined in court as part of the argument for Carroll's side.

"He has an M.O., in a semipublic way — you attack a woman, grope her and then you deny it, and then you attack her and say she's a liar and not your type, she's too ugly to sexually assault," Smith explained. "You have to believe that two people who have nothing to gain, Jessica Leeds and Natasha Stoynoff, a reporter, who was at Mar-a-Lago. What do they get out of this? Then if you add the other 26 women who have publicly accused him of assaulting them — which isn't part of the case, but I think it's a powerful case with five women testifying."

Melber asked if Smith saw that as emotive or as an attempt to knock Carroll's lawyer off balance.

"I saw it as both. It's very hard for somebody like Donald Trump to be deposed by a woman. I have taken depositions of sexual harassers and sexual assaulters to have a hard time that I'm in control. I'm asking the question. Your job is to answer them. So, I think he needed to dominate her, and the only way to do that was by insulting her."

Melber showed the clip of Trump's exchange with Carroll's lawyer in which he called her too ugly to rape, the clip that Smith was alluding to when she called it just another one of Trump's power plays.

"You know, what I want to say, I won't say," Smith said with a smile. "I would maybe comment on him and why he couldn't be my first choice, but I've been a lawyer for 42 years, and nobody has talked to me like that. Not even the worst harassers, the most repeat harassers. It's outrageous he talked to her like that. It's also outrageous that his lawyer corrected him when he identified the picture at Marla right in a deposition. Your lawyer isn't allowed to correct you when you get something wrong. He identified E. Jean Carroll as his ex-wife Marla Maples, so there's a lot wrong in this deposition. And Tacopina has been threatened by the judge a lot, even in his closing."

See the full conversation below or at the link here.

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