Posted on 01/17/2024 5:13:35 PM PST by bitt
President Trump appeared in court on Wednesday as E. Jean Carroll testified in a trial where the jury will decide how much Trump has to pay for his so-called ‘defamatory’ statements about her.
Judge Lewis Kaplan, a Clinton appointee, previously ruled that Trump is liable for defamatory statements he made about E. Jean Carroll after she accused him of rape.
In 2019, E. Jean Carroll alleged Donald Trump raped her in a Bergdorf Goodman dressing room in the 1990s.
Trump has denied the allegations and called E. Jean Carroll a “whack job” who’s “not my type.”
Under cross-examination by Trump’s lawyer Alina Habba, E. Jean Carroll admitted she deleted emails under subpoena.
Judge Kaplan ran interference for Carroll.
Habba: You said you receive death threats daily – but you deleted then until trial? Explain what you mean. Judge Kaplan: Explain what she means by what? Habba: When did you stop deleting death threats? Carroll: I had not received how many there were.
— Inner City Press (@innercitypress) January 17, 2024
President Trump’s attorney Alina Habba asked Carroll if she received a subpoena.
“Yes,” Carroll replied before admitting she deleted emails.
Habba: So you have the death threats? Carroll: I deleted them. Habba: So you- Carroll's lawyer: Asked and answered. Habba: This is a very important question Carroll's lawyer: I object to the commentary too
— Inner City Press (@innercitypress) January 17, 2024
Carroll admitted to deleting emails under subpoena because she didn’t want to upset her lawyers.
(Excerpt) Read more at thegatewaypundit.com ...
Bkmk
Is Kelly Anne Conway still married to that Trump hater?
No.
A Democrat Megadonor is bankrolling this travesty. Judge Kaplan has much to answer for. Disgusting.
The jury will consider that she had destroyed subpoenaed evidence.
Indeed
“When a party alters, loses or destroys key evidence before it can be examined by the other party’s expert, the court should dismiss the pleadings of the party responsible for the spoliation” Squitieri v. City of New York, 248 A.D.2d 201, 202 (N.Y. App. Div. 1998)
What is spoliation of evidence?
Spoliation of evidence is the intentional or negligent alteration, hiding, withholding or destruction of pieces of evidence relevant to a trial by a party connected to the case. Manipulation or destruction can occur before or after filing or data preservation notices or at any other point. Any relevant parties – including targets, custodians, attorneys, analysts and/or investigators – can cause spoliation. It is not uncommon for custodians to engage in improper data collection efforts during self-collections that significantly impact the validity of evidence. Spoliation often afflicts metadata, a key piece of information embedded within data files that helps determine specific timestamps, ownership, file access history and more. Many times, when spoliation occurs, original data is permanently and negatively impacted; this can have significant impacts on an investigation and, ultimately, the entirety of a case.
Knowing what to do when crucial evidence is destroyed
Federal statutes criminalize the purposeful alteration or destruction of evidence to influence a trial. Preservation notices are crucial to alerting all parties of their obligation to properly maintain and protect applicable data. Failing to properly protect or preserve data can result in penalties such as imprisonment or the payment of legal fees to the injured/opposing party. It is critical that thought be given to where data may be stored and any secondary or tertiary locations where data may be duplicated, shared or referenced. Often, time is of the essence because of varying retention periods, security controls, backup schedules and automated deletions. Any action, even data hiding , can be considered spoliation and puts parties at risk of penalties from the court.
ping
Amazingly difficult to permanently delete ANYTHING without a complete reformat!
No.
You mean wipe it with a cloth?
Spoliation of evidence must be construed in favor of the opposing party. Highly improper for a Judge to tell a jury to ignore this fact.
A jury also said he was guilty despite there being no evidence to back up her accusations
Justice is dead in New York city
So many appeals to happen.......Justice in the State of New York is indeed dead. It soon may be back to trial by combat, the way things are going.
President Trump’s attorney Alina Habba asked Carroll if she received a subpoena.
“Yes,” Carroll replied before admitting she deleted emails.
Habba: So you have the death threats? Carroll: I deleted them. Habba: So you- Carroll’s lawyer: Asked and answered. Habba: This is a very important question Carroll’s lawyer: I object to the commentary too
— Inner City Press (@innercitypress) January 17, 2024
Carroll admitted to deleting emails under subpoena because she didn’t want to upset her lawyers.
“Trump has denied the allegations and called E. Jean Carroll a “whack job” who’s “not my type.”
So this opinion of Trump’s is “defamatory”? Really, she is not a whack job, and is his type. But he raped her anyway. Accusing him of rape is not defamatory? That at least is a factual allegation. 1. That coitus occurred. 2. That she did not consent. 3. That he went and dood it after she said she didn’t consent. Pretty defamatory, if untrue.
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