The MeidasTouch Podcast - Trump Gets Instantly OUTMANEUVERED at Trial with Latest Move

Episode Date: January 22, 2024

MeidasTouch host Ben Meiselas reports on the brilliant strategic decision that E Jean Carroll’s lawyers made in the Donald Trump defamation trial which they informed Judge Lewis Kaplan about over the weekend.  Upgrade your sleep with Miracle Made! Go to TryMiracle.com/MEIDAS and use the code MEIDAS to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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Kaplan, no relation to Roberta Kaplan, over the weekend about what it is that E. Jean Carroll intends to do on Monday by offering additional evidence that goes to the punitive damages in the case. And also because the case is going so well right now for E. Jean Carroll, her lawyers are making the tactical decision, which I'll talk about in a moment, not to play the Access Hollywood tape anymore where Donald Trump brags about sexually abusing women. And the plaintiffs are not going to put on Natasha Stoynoff or Jessica Leeds, two other women who Donald Trump sexually abused. And the reason why they're not going to do that is because if they put on that evidence, it could open the door when Donald Trump testifies

like he claims he's going to do on Monday to try to, you know, deny the allegations or explain away the allegations, which even though liability is admitted, it's stipulated, it's been found by the judge based on the collateral estoppel doctrine and the prior jury verdict back in May of 2023, it could be used by Donald Trump to try to address those things. And so you kind of remove the ability for Trump to do that. And now if Donald Trump were to take the stand, really what is it that he would testify to? He's already been found liable for sexual abuse. In this letter, which I'll read some of the portions to you in a moment, E. Jean Carroll's lawyer, Roberta Kaplan, basically says, it's obvious to us that Alina Haba, Trump's lawyer, doesn't understand the

doctrine of common law malice and how the collateral estoppel doctrine means that Donald Trump cannot try to dispute liability or that he acted with actual malice because a jury has already found that he sexually assaulted E. Jean Carroll back in the May trial and also found that Donald Trump defamed E. Jean Carroll. And based on the collateral estoppel doctrine, those rulings apply to the same statements here in Donald Trump's underlying conduct. And so it also shortens the case by E. Jean Carroll. So, you know, they are going to introduce this evidence on Monday, and then they're going to be ready to rest. So if Donald Trump thought that he was going to wait it out on Monday to see Natasha Stoyanov, Jessica Leeds, you know, the playing of this Access Hollywood, and then Trump

would testify, well, I think at this point what will happen on Monday based on reading this letter, E.G. and Carol's lawyers are going to say, we want to admit as evidence these things, which I'll tell you about in just a moment. And then we're going to rest. We put on our damages experts already. And then so the judge will then look at Alina Haba, call your witness, Ms. Haba, and then we'll see if Donald Trump shows up and testifies. But E. Jean Carroll's lawyers going on the offense already predicting

what Donald Trump's behavior is going to be and saying that Donald Trump cannot engage in campaigning from the stand. And at this point, based on the fact that we're narrowing and confining our case at this point to just what's already been admitted, there's really nothing for Donald Trump to even testify to. So take a look at this letter, January 20th, 2024, sent over the weekend. Dear Judge Kaplan, sent by Roberta Kaplan, E. Jean Carroll's lawyer. The first thing they address in this letter is something called the rule of completeness. Now, E. Jean Carroll's lawyers want to introduce Donald Trump's statements. The press conference Donald Trump held directly after the trial proceedings where Donald Trump then further defamed E. Jean Carroll. And E. Jean Carroll's

lawyers say, all we want to introduce as evidence, we're cutting out just the portion or we're clipping. The only relevant portion here is Donald Trump saying that this is a rigged deal. I never knew her. I could care less about her. I have no idea who she was. This is a fake allegation by her. That's the only thing that's relevant.

Your Honor, Alina Haba said that she wanted to brief this issue, that the entire statement that Donald Trump made based on the rule of completeness should be admitted. But Your Honor, the rule of completeness deals with what's called relevant, admissible evidence, which Alina Haba also doesn't seem to understand what that is. So if Donald Trump says that it was uncovered that E. Jean Carroll destroyed evidence, which is not even true, nor is it in any way relevant at all, the judge has already addressed these issues. So Donald Trump saying false, bogus things that have zero relevance in the case,

that part of the statement does not need to come in. And Alina Haba would say it should. Rule of completeness, include the full statement to give it its full context. E. Jean Carroll's lawyers say, Alina Haba, the rule of completeness is still about admissible evidence. You can't just put in irrelevant Donald Trump, phony, you know, MAGA talking points and propaganda.

And then the other part of the clip is where Donald Trump talks about, oh, and it turned out that E. Jean Carroll has a gun and she doesn't have the licensed gun, which Judge Kaplan very quickly sustained the objections by E. Jean Carroll's lawyers that this has no relevance at all. It has nothing to do with this case. It is unnecessarily disparaging a victim of rape and sexual assault and defamation. It has nothing to do with anything. So that shouldn't come in. Here is, though, I'll give you the full exhibit, which E. Jean Carroll's lawyers are going to want to play and officially admit into evidence on Monday. Here, play this clip. I'll be leaving for New Hampshire, in other words, right after this. And then as to the trial today, it was a very interesting day. As you probably noticed, it's a big story that the witness today,

the person I never knew, I never had anything to do with. It's a totally rigged deal. This whole thing is rigged. Election interference. But this is a person I have no idea until this happened, obviously. I have no idea who she was. And nor could I care less. it's a rigged deal it's a made-up fabricated story well they found out today that she got rid of a lot of evidence as you probably noticed she got rid of massive

amounts of evidence and in addition to that she had a rifle or a gun because she said she bought gun bullets or rifle bullets. And it was the opposite, I guess, of her gun. And was it licensed? No, it wasn't licensed. So I guess she's got a difficult problem. That's going to be her problem. But she has a gun or a rifle. She didn't really explain which. She might have both because she said she bought rifle bullets. And it's totally unlicensed. So I assume that's a problem. But the judge was protecting her. He didn't want to go there. We don't want to go there. We don't want to. If that were me, it would be a different story. But with her, the judge is totally protective of them. And frankly, anybody in that court would see it. It's frankly, it's a

disgrace. That's probably one of the reasons our country is going to hell. So then in addition to that, you see, though, when you listen to that and you watch that, how Donald Trump said all the other stuff that has nothing to do with this case and E. Jean Carroll's lawyer said, look, focus on where Donald Trump defames E. Jean Carroll and we don't need any of the other stuff that shouldn't come in. Habba says, put it all in. It's not coming in just the portion I think that relates to the defaming E. Jean Carroll is going to come in because that's what this case is about. This isn't MAGA propaganda. This is an actual federal courtroom. Did you know that your temperature at night can have one of the greatest impacts on your sleep quality? If you wake up too hot or too

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The other document that E. Jean Carroll's lawyers want to admit, which I'm sure the judge is going to allow, is this post by Donald Trump, where he goes, I've said it once and I'll say it again a thousand times until this ridiculous hoax was revealed to me by the fake news media. I never heard of E. Jean Carroll, never had anything to do with her, never would want to have anything to do with her, never brought her into a lock changing room of a crowded New York City department store, and never touched her or in any way would want to touch her. The whole story is a made up and disgusting hoax. And E. Jean Carroll's lawyers say this goes directly to punitive damages. And Donald Trump is saying here that I am going to say this a thousand times. So what E. Jean Carroll's lawyers are likely going to argue to the jury is he says he's going to say this a thousand times. So what E. Jean Carroll's lawyers are likely gonna argue to the jury is,

he says he's gonna say this a thousand times. So you need to set your punitive damages to stop him from doing that. Your punitive damages needs to be a number that is so high that sends a message to stop him from engaging in this behavior. And E. Jean Carroll is going to seek to admit this as evidence. And one of the things Roberta Kaplan says is, even though E. Jean

Carroll's done testifying, we shouldn't have to bring her on the stand to get this document admitted. This is a document. This is something posted by Trump. The foundation is basically, you know, you should take judicial notice, essentially, that this is something that Donald Trump actually said. So great strategy by E. Jean Carroll's lawyers. And ultimately, if Donald Trump, you know, in his testimony, then tries to disparage E. Jean Carroll or goes outside the bounds of what's permissible, then E.G. Carroll can then, if he wants to play the Access Hollywood tape, bring in the other witnesses, even if they need to go there. But I think the judge is going to control the courtroom.

And this strategic move of narrowing the case because the case is going so well for E.G. Carroll really kind of confines what Donald Trump would be permitted to even testify to at this point, which, again, brilliant legal strategy here. And we'll see what happens. I mean, we could have a verdict now as early as Monday afternoon, Tuesday morning at this point. I think no later than Wednesday. We'll keep you posted as we learn more. Hit subscribe.

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