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Judge threatens to remove Trump from courtroom during Day 2 of E. Jean Carroll trial: Highlights

Trump attended the second day of the trial before heading back to campaign in New Hampshire.

The latest news from the E. Jean Carroll defamation trial:

  • Writer E. Jean Carroll testified in the second damages trial against former President Donald Trump, who was found to have sexually abused and defamed her last year, with a jury awarding her $5 million in damages.
  • Carroll testified that her life was upended after then-President Trump accused her of fabricating her allegations in 2019 that he sexually assaulted her in a Manhattan department store in the mid-1990s. Trump continued to attack Carroll's credibility after the verdict in May, prompting her to seek additional damages in the current trial.
  • Judge Lewis Kaplan threatened to throw Trump out of the trial after he fumed during Carroll's testimony. He also repeatedly admonished Trump's lawyer, Alina Habba, for breaking protocol.

Former president calls presiding judge 'radical Trump hater' as he leaves courthouse

Trump attacked the presiding judge in the Carroll case, calling him “a radical Trump hater” as he left the courthouse Wednesday evening.

“He’s a nasty judge. He’s a Trump hating guy. And it’s obvious to everybody in the court. It’s a disgrace, frankly, what’s happening,” Trump said in brief remarks before he departs for New Hampshire.

The former president, who also criticized the judge on his Truth Social website during the trial, also suggested that the trial was “rigged” and “election interference,” and he accused Carroll of destroying evidence in the case.

“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,” Trump said, suggesting without evidence that the judge was “protecting her.

Trial adjourns for the day

Adam Reiss

The trial has adjourned for the day. Proceedings will resume tomorrow at 9:30 a.m.

Former President Donald Trump's lead defense attorney Alina Habba, center, cross examines E Jean Carroll
Trump attorney Alina Habba, center, cross-examines E. Jean Carroll, on the witness stand, in federal court in New York on Wednesday. Donald Trump is at left, as Judge Lewis Kaplan presides. Christine Cornell

Carroll says she came forward because she 'wanted people to know a woman can speak up'

Adam Reiss

Adam Reiss and Zoë Richards

Shortly before the trial adjourned for the day, Carroll spoke about her desire for women to speak up and score victories at trial.

"I wanted people to know a woman can speak up and win in trial," Carroll said, adding that women have been made to keep quiet for a long time.

"I don’t want to be quiet," Carroll said. "I’m 80. It’s not right to make women quiet. It has been going on for too long."

'Don’t even start': Judge cuts off Habba's questioning about Carroll's gun ownership

Diana Paulsen

Things got heated in the courtroom when Habba pushed Carroll on her gun ownership and whether she was aware she needed a permit for it.

Kaplan interrupted her line of questioning by saying, "Don't even start."

Habba says she wants a mistrial after grilling Carroll about deleting messages containing death threats

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

Habba grilled Carroll about deleting messages she received that contained death threats. Trump's attorney asked Carroll if she currently possesses all of the messages that related to death threats and Carroll said that she deleted them early on because she said she had no idea how to deal with them.

Habba questioned why Carroll didn't provide the messages to anyone, including the police or lawyers.

She then asked for a mistrial based on the deleted messages, which Kaplan denied.

Kaplan scolds Habba as trial goes on break

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

During Habba's cross-examination, Kaplan admonished her for reading a document that wasn't in evidence.

Kaplan said the court was going to break until 3:30 p.m. and he told Habba that during that time, she might want to refresh her memory about how to enter a document into evidence.

Kaplan appears frustrated with Trump attorney Alina Habba again

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

Kaplan appeared to be frustrated with Habba again after she asked Carroll about a previous deposition, which he didn't have a copy of.

“We are going to do it my way in the courtroom, and that is all there is to it," Kaplan said.

Habba cross-examining Carroll

Adam Reiss

Habba is cross-examining Carroll now. She begins by asking her about Montana, where she lived with her first husband before moving to New York.

Trump is watching his lawyer's questioning with anticipation.

Trump turns away from Carroll as she returns to witness stand

Adam Reiss

Trump is in his seat and again he looks in the other direction as Carroll enters the courtroom and takes the witness stand.

E. Jean Carroll, right, is questioned by her lawyer Roberta Kaplan
E. Jean Carroll, right, is questioned by her lawyer Roberta Kaplan, center, in Federal Court in New York on Jan. 17, 2024. Former President Donald Trump is seated, left, as Judge Lewis Kaplan presides. Christine Cornell

Trump attacks judge on Truth Social after judge threatens to throw him out of court

Rebecca Shabadis in Washington, D.C.

After the judge threatened to remove Trump from the courtroom, the former president railed against Kaplan on his Truth Social account.

"I feel an obligation to be at every moment of this ridiculous trial because we have a seething and hostile Clinton-appointed Judge, Lewis Kaplan, who suffers from a major case of Trump Derangement Syndrome," he wrote.

Trump said that the judge was reported to be "extraordinarily hostile" toward him in the first trial involving him and Carroll.

"I should have gone, if for no other reason than to witness and speak up against the abuse carried out by this Judge," Trump said, who also complained that the judge wouldn't delay the trial, which the former president is not obligated to attend, for Melania Trump's mother's funeral on Thursday.

Judge warns Trump he could be removed from courtroom if he continues making comments

Adam Reiss

Kyla Guilfoil

Adam Reiss and Kyla Guilfoil

Judge Kaplan said Trump could forfeit his right to be in the courtroom if he continues to make comments in front of the jury.

Carroll’s lawyer, Shawn Crowley, had called the former president out for continuing to make statements, as some jurors could hear him say, “This really is a con job.”

"Mr. Trump has the right to be present here. That right can be forfeited and it can be forfeited if he is disruptive and if he disregards court orders," Kaplan said. "Mr. Trump, I hope I don’t have to consider excluding you from the trial, I understand you are very eager for me to do that."

“I would love it, I would love it,” Trump replied, putting both hands in the air and shaking them.

"I know you would because you just can’t control yourself in this circumstance, you just can't," the judge responded.

Lunch break until 1:45 p.m.

Adam Reiss

The trial is taking a lunch break until 1:45 p.m.

Trump is heard making comments about Carroll from the defense table

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

After Judge Kaplan dismissed the jury for a break, Carroll attorney Shawn Crowley told the judge that Trump has been loudly making comments from the defense table, saying things like, “Carroll’s statements are false” and “now she seems to have gotten her memory back.” 

In addition to shaking his head in anger and disbelief, Trump has been making comments within earshot of the jury.

Judge tells Trump to keep his voice down as jury is called in

Adam Reiss

Kyla Guilfoil

Adam Reiss and Kyla Guilfoil

Before bringing the jury back into the courtroom, Judge Kaplan made a point to ask Trump "to take special care to keep his voice down so the jury does not overhear it."

Trump has been vocal throughout Carroll's testimony so far, even slamming the table in anger at one point. At another, the judge asked Trump's attorney, Alina Habba, to sit down, to which Trump said, "nasty guy."

The former president has murmured visibly to Habba throughout today's proceedings, clearly displaying anger to the jury in response to the testimony.

Testimony has resumed

Adam Reiss

The trial testimony has resumed.

E. Jean Carroll in Federal Court
E. Jean Carroll in Federal Court in New York on Jan. 17, 2024. Former President Donald Trump is seated.Christine Cornell

Trial takes morning break

Adam Reiss

The trial has taken a morning break.

Carroll says she still receives hundreds of message a day

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

Carroll said that ever since she came forward with her claim that Trump had sexually assaulted her, messages from people haven't stopped.

She said she receives them all the time, sometimes hundreds a day.

Carroll said the common theme is accusing her of being a liar, hurting victims, saying that she's ugly, etc.

Carroll says Trump's accusations 'ended the world' she had been living in

Adam Reiss

Kyla Guilfoil

Adam Reiss and Kyla Guilfoil

Carroll said in her testimony that Trump's accusations of her being a liar led to threats online that "ended the world I had been living in."

"To have the president of the United States, one of the most powerful persons on earth, call me a liar for three days and say it 26 times — I counted them. It ended the world I had been living in, and I lived in a new world," Carroll said.

Carroll testified that she had been attacked on Twitter, Facebook and through other messages.

"It was a new world, I left the world of fact and was living in a new universe and it happened instantaneously. … Much of the wording people used repeated his words," Carroll said.

Carroll said she expected Trump to respond to allegation and say it was consensual

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

Carroll said that when New York Magazine published portions of her book in 2019 and it included a part about the assault by Trump, she said she expected him to respond.

She said that she thought Trump was going to deny it and say it was consensual, which Carroll said it was not.

Carroll stays firm as Trump listens

Adam Reiss

Carroll is firm in her testimony, which is very similar to her testimony on the stand last year. Trump is looking forward and listening

Carroll says she's here because Trump assaulted her and it shattered her reputation

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

Caroll said that she's here because Trump assaulted her and when she wrote about it, she said Trump lied and shattered her reputation.

Tense exchange between Habba and judge over Trump's mother-in-law's funeral Thursday

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

Habba asked Judge Kaplan for adjournment of the trial tomorrow so that Trump can attend his mother-in-law's funeral.

It sparked a tense exchange with the judge, who said that the right Trump has according to the Supreme Court is to be present in person or by counsel.

Kaplan said that Habba's application is denied and told her to sit down.

Carroll takes the stand

Kyla Guilfoil

Carroll has now been called to the stand to begin her testimony.

Trump is in the courtroom

Kyla Guilfoil

Trump has arrived for the second day of the trial and is in the courtroom.

Carroll is set to begin testimony as proceedings start today.

Trump attended the first day of the defamation trial, where the nine jurors were selected to determine what damages the former president owes Carroll.

Carroll and Trump have arrived at court

Adam Reiss

Brittany Kubicko

Adam Reiss and Brittany Kubicko

Carroll and her attorney, Roberta Kaplan, arrived in court before 9 a.m., and Trump also has now arrived.

Carroll will take the stand for direct examination by Kaplan for about two hours this morning, followed by a cross-examination by Trump attorney Alina Habba.

E. Jean Carroll arrives at federal court in New York on January 17, 2024.
E. Jean Carroll arrives at federal court Wednesday morning.Angela Weiss / AFP - Getty Images file

Recap of trial so far: jury selection and opening statements

The defamation damages trial got underway yesterday, with Trump in attendance for jury selection.

Nine jurors were selected, including a physical therapist, an electrician, an ER doctor and a property manager.

Following jury selection, lawyers for Carroll and Trump delivered their opening statements. Carroll's lawyer argued that because of Trump, her client lives every day in fear, while Trump's lawyers argued that Carroll does not want to "fix her reputation."

"She likes her new brand, and she has been monetizing it for years," argued Trump lawyer Alina Habba.

What's on tap for today's proceedings

Testimony is scheduled to kick off this morning with Carroll taking the stand.

Trump is also expected to be in the courtroom again, one day after they appeared together in the same room for what is believed to be the first time in more than 25 years.

This week's trial is the second involving Carroll and Trump. In May, Trump was found liable for sexually abusing Carroll and defaming her. The jury awarded Carroll $5 million, but Trump is appealing the verdict.