Former President Donald Trump's legal team is pushing for a new trial in writer E. Jean Carroll's defamation case while also seeking a substantial reduction in the $83.3 million judgment against him.
Attorneys Alina Habba and John Sauer filed a motion in federal court in New York, arguing that the previous trial was marred by the exclusion of relevant evidence and flawed jury instructions.
Trump requests a new trial in E. Jean Carroll defamation case https://t.co/xXyror6XaH
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Central to their argument is the contention that limitations imposed on Trump's testimony unfairly influenced the jury's decision.
"President Trump’s testimony about his own state of mind is the most relevant and probative evidence on the issue of common-law malice, and he was uniquely positioned to address it," his attorneys wrote.
"By erroneously foreclosing any such testimony—and erroneously striking the one sentence of President Trump’s testimony on this point—the Court all but assured that the jury would make a baseless punitive-damages award," they added.
They assert that Trump's testimony regarding his state of mind when making derogatory comments about Carroll was crucial in establishing whether malice was present, a key element in defamation cases.
Furthermore, Trump's legal team criticizes the jury instruction on common law malice, asserting that it failed to adhere to New York state law requirements. They argue that these factors significantly impacted the outcome of the trial, warranting a fresh trial.
Trump's attorneys also challenge the proportionality of the damages awarded by the jury, particularly the $11 million allocated for reputational harm.
They argue that this amount is disproportionately high compared to similar cases and suggest that sympathy, rather than evidence, may have influenced the jury's decision.
To support their argument, Trump's legal team cites case law suggesting a significant reduction in punitive damages, potentially lowering the total award to no more than $36.6 million.
They further indicate that if compensatory damages are remitted, the final amount could be even lower.
Carroll's attorney, Roberta Kaplan, declined to comment on the latest filing. Meanwhile, Trump's lawyers stress that the jury's decision was flawed and that a fair trial was compromised.
They highlight their concerns regarding the exclusion of evidence and erroneous instructions given to the jury, which they believe led to an unjust outcome.
In January, a jury found Trump liable for defamation and ordered him to pay $83.3 million in damages to Carroll. Since then, Trump has sought to delay enforcement of the verdict pending the resolution of post-trial motions. The judge has not yet ruled on these motions, leaving the outcome of the case uncertain.
