Ajudge in New York has dismissed suggestions from Donald Trump and his lawyers that the former president’s potential absence at his upcoming defamation trial will be to prevent “logistical and financial burdens.”
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Trump is being sued by former Elle columnist E. Jean Carroll over allegations the former president defamed her character while denying accusations he raped her in a Bergdorf Goodman dressing room in New York in the mid-1990s, including repeatedly
Trump has repeatedly denied any wrongdoing in connection to the alleged rape or defamation claims.
The civil trial in the case is set to start in New York on April 25, with federal judge Lewis A. Kaplan asking both parties to confirm whether they would attend the hearing by Thursday, April 20.
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Trump is not legally obligated to appear at the trial unless he is subpoenaed to stand as a witness or chooses to testify to defend himself, neither of which is currently likely. Trump has already appeared for a deposition as part of the civil case.
On Thursday, Trump’s lawyer Joe Tacopina said that the former president has not decided whether he should attend. He requested that if Trump is not present, then the jury be told it is because the former president would be sparing “logistical burdens” on the courthouse and New York City.
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Should Trump attend the Manhattan courthouse for the trial, he would require Secret Service protection, along with other arrangements such as potentially shutting down nearby streets.
In response, Judge Kaplan said Tacopina cannot suggest to the jury that Trump’s absence would be to avoid “burdens” on the city and that the former president has had “ample time” to make the necessary arrangements.
“Mr. Trump is free to attend, to testify, or both,” the district judge wrote in his order. “He is also free to do none of those things. Should he elect to not appear or testify, his counsel may renew the request.”
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“Moreover, the Court notes from Mr. Trump’s campaign website and media reports that he announced earlier this week that he will speak at a campaign event in New Hampshire on April 27, 2023, the third day of the scheduled trial in this case,” Kaplan noted.
“If the Secret Service can protect him at that event, certainly the Secret Service, the Marshals Service, and the City of New York can see to his security in this very secure federal courthouse.”
In a separate letter, Carroll’s attorney, Roberta Kaplan—no relation to the judge—said that Trump’s team attempting to suggest the former president not appearing at the trial would be a favor to New York City “taxes the credulity of the credulous.” Carroll’s attorney previously confirmed to the judge that she “intends to be present for the entire trial.
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Carroll’s lawsuit against the president notes that Trump has accused Carroll of lying about the alleged assault to sell books and “make money.”
Carroll filed another suit against the former president for sexual battery after the passage of the Adult Survivors Act in New York in May 2022 which allows alleged adult sexual assault victims one year to bring lawsuits even if the statute of limitations has expired.
Tre Lovell, a Los Angeles-based corporate and libel law attorney, said that it may be detrimental to Trump’s case if he does not show up for at least some of the trial.
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“If he is absent, the jury may get the impression that he doesn’t care enough about the case to show up, which sometimes can give them an adverse impression,” Lovell previously told Newsweek.
“Attorneys can often mitigate this negative impression by explaining why a party is not there, or have the party show up on the first day to meet the jury, and then be absent afterward.”
