Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Law Prof. Jonathan Turley says President Trump's 'biggest problem' in E. Jean Carroll case was that he did not testify
Fox News ^ | 05/10/2023 | Madeline Coggins

Posted on 05/10/2023 5:54:38 PM PDT by SeekAndFind

The jury in the E. Jean Carroll v. Trump case ruled on Tuesday afternoon that former President Trump is liable for sexual abuse and defamation charges. While Trump announced ahead of a verdict he planned to appeal the decision, Fox News contributor Jonathan Turley unpacked the case on "The Story" and weighed the "biggest problem" the president faces in an appeal.

JONATHAN TURLEY : That dog won't hunt. If that's the argument on appeal, then it's going to be a rather quick appeal. There are other issues here that he might appeal on. Judge Kaplan was really quite yielding on the demands for a witness testimony. He allowed in a lot of evidence, including the Hollywood access tape and these other witnesses. Obviously, Trump had never been convicted or found guilty, either criminally or civilly in those cases. So there was a lot of evidence here that the defense could say should not have been brought into the case or should have been handled differently. The problem for President Trump is that this is a mix question of law and fact. There are some legal issues here, like the ones I mentioned about allowing in certain types of testimony. But when it comes to factual determinations, the court of appeals tends to be leery of overturning those. Jury decisions are really sort of iron plated because you have to show that they were clearly erroneous. They're not going to be able to show that here with all this testimony. So the only way to really unravel this is to say that the jury heard things that they shouldn't have been allowed to hear because they were too prejudicial.

(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: ejeancarroll; gayleking; rapecase; trump
Navigation: use the links below to view more comments.
first 1-2021-36 next last
Turley Goes On TO Say:

The biggest problem for the president, I think at trial, and it's going to be on appeal, is he decided not to testify. He didn't even appear in the courtroom. That not only triggered inferences, but it likely poisoned the well a bit for these jurors. Jurors don't like it. They don't like it in criminal or civil cases when the key accused party doesn't speak to them.
1 posted on 05/10/2023 5:54:38 PM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind
Trump didn't want to honor this kangaroo court with his presence. Makes perfect sense.
2 posted on 05/10/2023 5:58:02 PM PDT by RoosterRedux (Bonhoeffer: “Silence in the face of evil is evil. Not to speak is to speak. Not to act is to act.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

.
No Year. No date.

Joke.


3 posted on 05/10/2023 5:58:51 PM PDT by AnthonySoprano (Statute of Limitations is going to elapse on Hunter Biden )
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

Didn’t he have a deposition though? I thought they played that at the trial. If he HAD testified, that would have opened him up to questioning about other women who’ve accused him of sexual misconduct over the years, like many wealthy men have experienced.


4 posted on 05/10/2023 5:59:18 PM PDT by Prince of Space (Let’s Go, Brandon! )
[ Post Reply | Private Reply | To 1 | View Replies]

To: AnthonySoprano; RoosterRedux

RE: No Year. No date.

No eyewitness.

If it happened ( DOUBTFUL) , why didn’t she scream for help?


5 posted on 05/10/2023 6:01:28 PM PDT by SeekAndFind
[ Post Reply | Private Reply | To 3 | View Replies]

To: SeekAndFind

.
Why didn’t she go right to the Cashier or store security?

Why didn’t she call Police the next day?

It’s a made up story.

The woman has written of her Rape fantasies.

.


6 posted on 05/10/2023 6:03:22 PM PDT by AnthonySoprano (Statute of Limitations is going to elapse on Hunter Biden )
[ Post Reply | Private Reply | To 5 | View Replies]

To: SeekAndFind
Chances are that 100% of the jurors were Dems.

And I imagine they will come forward...there are books to be wrote!!!!

7 posted on 05/10/2023 6:04:31 PM PDT by Sacajaweau ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
People that know Trump know he is a germophobe. He used to get girls cleared by his personal physician via examination before he would date them.

He could have paraded an army of witnesses to his fanatical aversion to germs in front of the jury if he had wanted to.

8 posted on 05/10/2023 6:05:41 PM PDT by RoosterRedux (Bonhoeffer: “Silence in the face of evil is evil. Not to speak is to speak. Not to act is to act.”)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SeekAndFind

He and his lawyer did everything possible to get him to lose.


9 posted on 05/10/2023 6:08:54 PM PDT by nickcarraway
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

The fact that the law was changed by gov hochul in order to facilitate the charge against PDJT should invalidate the entire thing. How tf is this even constitutional to make a temporary law...that expires in a year...to attack a presidential candidate?? I just dont get it.


10 posted on 05/10/2023 6:10:24 PM PDT by know.your.why
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

His deposition was horrible! The man is his own worse enemy. He said things that his attorney would have strongly advised him not to say. But Trump in his egomania thinks he can never be wrong.

And he is delusional. Witness his obvious lie that the court employees were crying and apologizing to him during his arraignment on his other charges.

I like the policies he represents but he has a self destructive narcissistic personality disorder which is ruining him.

Such a shame! If he gets the nomination the Dims will win in a landslide. They wont even have to cheat this time!


11 posted on 05/10/2023 6:11:34 PM PDT by Uncle Lonny
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I have great respect for Turley. However, to what was he going to testify that wasn’t already in his deposition? (And he did himself no favors in that deposition.)

He had no defense other than, “I did not do what she is accusing me of doing,” because by her failure to even know the YEAR in which the alleged incident occurred, how else could Trump refute it? SHE produced no independent witnesses to the alleged incident, and Trump — not even being able to identify witnesses who could show that he wasn’t even in the country on the day she claims because she doesn’t even know WHEN it allegedly happened! Trump was put in an impossible position; and I think, intentionally.

If I were Trump, I wouldn’t have testified, either. Unless I was asked only one question on direct, and that would be:
“Did you touch her in a sexual manner without her consent?” And a simple response: “No.” In which case my attorney would say, “No further questions.” Absent a cross-examination on credibility, it reduces the entire case to he said/she said.

But, a NYC jury was going to nail him no matter what.


12 posted on 05/10/2023 6:13:41 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

Even more than that, they would be looking for ANY mistake he made to turn over to the Feckless BI for prosecution. He would have been crazy to testify, IMHO.


13 posted on 05/10/2023 6:24:25 PM PDT by silent majority rising (Peace In Our Time)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

if the jury found him not guilty of rape, doesn’t mean they thought she perjured herself?


14 posted on 05/10/2023 6:35:21 PM PDT by sopo
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I tend to agree with Turley.


15 posted on 05/10/2023 6:40:31 PM PDT by joesbucks
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Trump is famous for self sabotaging. And got picking poor legal representation. At least this one didn’t have hair dye dripping down his face.


16 posted on 05/10/2023 6:42:29 PM PDT by joesbucks
[ Post Reply | Private Reply | To 9 | View Replies]

To: sopo

RE: if the jury found him not guilty of rape, doesn’t mean they thought she perjured herself?

The Jury verdict really makes little logical sense to me.

Firstly, E. Jean Carrol does not remember the date ( even the year ) when it occured.

Secondly, there were no eyewitnesses even to Trump being in the place where she alleged they went in together.

Thirdly, Even if the rape did occur ( doubtful ), why didn’t she SCREAM? Report it to security?

Fourthly, The Jury decided that it was NOT rape ( as opposed to her testimony ), but decided sexual assault did occur.... HOW DID THEY DETERMINE THAT? Her accusation was NOT just sexual assault, it was RAPE. They did not believe the RAPE accusation, yet, decided a sexual assault occured?

It’s Just bizzare how they made this weird verdict.


17 posted on 05/10/2023 6:45:04 PM PDT by SeekAndFind
[ Post Reply | Private Reply | To 14 | View Replies]

To: sopo

It wasn’t a criminal trial, there was no guilty or not guilty. Most likely, they didn’t find her entirely believable, but since the defense didn’t give them anything, they split the difference. If Trump’s side had a credible strategy, the plaintiff would have gotten nothing.


18 posted on 05/10/2023 6:48:49 PM PDT by nickcarraway
[ Post Reply | Private Reply | To 14 | View Replies]

To: RoosterRedux

So you contend he wanted to lose?


19 posted on 05/10/2023 6:50:26 PM PDT by nickcarraway
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

You can’t prove a negative. You certainly cannot prove a negative on an unspecified date and year. This trial was a travesty. How could Trump prove he was elsewhere on the date when there is no actual date of the assault specified?

Trump had no chance to get justice in this trial and was justified in skipping the lynching party.


20 posted on 05/10/2023 6:59:13 PM PDT by Gnome1949
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-36 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson