She can’t.
I haven’t been following this closely. Some questions for the board:
1. Did Trump’s attorneys take Carroll’s deposition? Assuming that they did, we are going to have to wait for the cross- examination to see the full extent of Carroll’s prevarications.
2. Has Carroll’s counsel asked her to identify the exact date that this happened?
3. Has Carroll’s counsel asked her to identify the exact floor inside Bergdorf Goodman where this took place? If so and she identified the exact floor, did she testify as to the exact dressing room where this took place?
4. Did Carroll testify as to any “distinguishing features” of Trump’s anatomy that she might have seen (a la Paula Jones and Bill Clinton’s Peyronies Disease)?
5. I take it there was no rape test taken at the time (even though DNA evidence was known in the 1990s; remember OJ). If not, was Carroll asked why not? Was she on birth control at the time? Was she promiscuous? Had she had sex before in a public place like a store dressing room? (I realize that these are cross-examination questions, presuming that counsel knows the answers).
If Carroll somehow wins this, Trump is toast for 2024, no matter how much reversible error was committed by the trial judge. Let’s hope that Trump’s counsel tears her to shreds on cross-examination so that the judge has to grant summary judgment for Trump at the conclusion of the plaintiff’s case in chief. If this goes to the jury, Trump loses (no matter how innocent he actually is).