In a Manhattan courtroom on Friday, Donald Trump came within feet of E. Jean Carroll, one of his most prominent accusers, as they attended oral arguments for his appeal of the $5 million jury verdict from last year that found him liable for sexual abuse and defamation.
A panel of three federal judges from the 2nd Circuit Court of Appeals showed skepticism toward Trump’s effort to overturn the May 2023 verdict, reported Politico.
The verdict had determined he sexually abused Carroll in Bergdorf Goodman’s dressing room in the mid-1990s and later labeled her claim a “hoax.”
Trump did not look at Carroll in court, even as he walked directly in front of her upon entering the room. When Carroll’s lawyer, Roberta Kaplan, stated that Trump had sexually assaulted Carroll, he barely shook his head in response.
The arguments on Friday did not address Carroll’s testimony directly but focused on the admissibility of testimony from another witness, Jessica Leeds, who alleged Trump groped her on a 1979 airplane, and the “Access Hollywood” tape from 2005, in which Trump bragged about grabbing women by their private parts.
Trump’s attorney, D. John Sauer, labeled the case as a “quintessential ‘he said, she said’ case” and accused Carroll of having a “political motive” to tarnish Trump’s reputation.
Sauer contended that Jessica Leeds’ testimony about the alleged 1979 airplane incident should be excluded because there was no federal law against sexual assault on an airplane at that time. However, Kaplan argued that a law prohibiting “simple assault” was in effect then, stating, “It was a crime then to grope someone on a plane. It is a crime today to grope someone on a plane.”
Sauer also argued that the Access Hollywood tape should not be considered a “confession” as claimed by Carroll’s lawyers because it does not refer to any specific incident. Judge Denny Chin responded that it was a “confession about a modus operandi,” to which Sauer replied that “modus operandi itself is inadmissible.”
The panel deciding Trump’s appeal is made up of three judges appointed by Democratic presidents: Chin and Judge Susan Carney by Barack Obama, and Judge Myrna Pérez by Joe Biden.
During the arguments, which lasted just over 20 minutes, Trump remained expressionless. As he left the courtroom, he ignored a reporter’s question about whether he was satisfied with the proceedings.
Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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