The upcoming case between Donald Trump and rape accuser E. Jean Carroll is moving forward, but there are concerns that Trump's lawyers could face some problems before the presiding judge.
Former prosecutor Robert Katzberg, who was also a defense attorney for white-collar crime, penned a piece in Slate about the difference between the lawyers in the case and how it will likely impact the perception around the issue.
He began by explaining that audiences are already sympathetic to Carroll. At the same time, she is represented by lawyer Roberta Kaplan, known for being "an experienced, well-regarded civil rights and commercial litigator known for her reasoned demeanor and practical approach." By contrast, Trump lawyer Joe Tacopina is an "alpha-male persona." Even if he is an incredible litigator, his attitude compared to "Kaplan’s reasonable professionalism will only reinforce Carroll’s claims."
Katzberg explained that Trump is already facing an uphill battle with his legal team. Trump and lawyer Alina Habba filed a suit against James Comey and Hillary Clinton for lying about Trump's ties to Russia and the judge was so furious that they wasted his time, he issued a scathing 46-page opinion saying “no reasonable lawyer would have filed,” brought “in bad faith and for an improper purpose.” He then handed Habba and Trump a penalty of $937,989.39.
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The evidence and the lawyer match-up are just one of the challenges that Trump faces. The presiding federal judge, Lewis Kaplan (no relation to Roberta Kaplan), is known for being no-nonsense. His approach will likely be more in sync with Roberta Kaplan than Tacopina, said Katzberg.
"A colleague with a great deal of experience with Judge Kaplan and who has also worked with Tacopina predicted to me that Judge Kaplan will raise the prospect of holding Tacopina in contempt more than once during the trial," he wrote. "These will not be idle threats; the judge has a remarkable record of keeping a tight rein on lawyers appearing before him."
There's also the debate about whether Trump should appear in court at the defense table. Carroll already has made it clear that she will be there; Trump doesn't seem to be as inclined. Not appearing could cost him, however.
Katzberg explained, "it opens the door for an argument to the jury: By staying away, not only is Trump conceding he has no defense to the suit, but he is also insulting both the process and the jurors themselves, a position no litigant would want to be in."
