Before he even got up in court to take the stand at his second rape defamation trial in New York on Thursday, Donald Trump knew he was going to break the rules—no matter what the federal judge said.
Despite repeated warnings by U.S. District Judge Lewis Kaplan—and a stern lecture to boot—the former president was unable to control himself during his brief four minutes in the witness chair. He stood by previous lies about the way he sexually attacked a journalist, justified the insults he once flung at her from the White House, and reframed his ceaseless false denials as a mere defense of honor.
When defense lawyer Alina Habba asked whether he stood by his videotaped testimony where he denied ever meeting E. Jean Carroll or forcing himself into her body at a New York City department store decades ago, Trump responded emphatically.
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“One hundred percent, yes,” he said.
“She said something I considered a false accusation—” Trump began to say in response to a second question before being cut off by the judge.
Then, asked whether he intended to hurt Carroll by rejecting her 2019 claims, Trump remained defiant.
“No, I just wanted to defend myself, my family—” he started, before being silenced yet again.
In a raw show of power in this courtroom situated high above Manhattan, the federal judge spoke over the man who once controlled the nation’s executive branch, interrupting Trump’s answers, ordering the record wiped of his rants, and instructing jurors to ignore much of what he tried to say.
Thursday marked the first and only time the billionaire real estate tycoon has spoken about the matter under oath in court, having ghosted the first iteration of this trial in May 2023, when a jury unanimously concluded he had indeed sexually assaulted Carroll and awarded her $5 million. That upped the ante for today’s appearance, when Trump would finally provide answers in front of a jury that will determine how badly to punish him for dragging Carroll’s name through the mud for nearly five years.
But unlike a typical, open-ended case, Trump lost this second one before it ever went to trial. The first jury’s verdict meant that Trump’s denials were, in fact, lies. And so, this trial has proceeded on damages only—narrowing what Trump could argue in court. His team couldn’t deny it ever happened, only try to shrink the price tag associated with his disparaging remarks and the wave of hatred Carroll received after coming out about the attack in a 2019 magazine article.
That meant Trump couldn’t keep lying about it in front of the jury. Instead, he would be forced to thread a needle by barely explaining his state of mind—and clarifying whether he wanted to harm her.
But getting the irreverent politician to abide by court rules was going to be a challenge, one that Judge Kaplan took seriously.
Before the jury walked back into the courtroom from their lunch break, the judge forced Trump’s lawyers to map out exactly what they planned to ask him in a contentious debate that ended up stretching much longer than the actual testimony.
“I want to know everything he is going to say,” the judge said sternly.
Habba proposed variations of three questions: Do you stand by your previous videotaped testimony? Why did you make statements denying Carroll’s story? And did you ever tell anyone to harm her?
“And he will say nothing else?” the judge pressed.
“That is my understanding, your honor,” Habba responded.
Carroll’s lawyer, Roberta Kaplan, expressed concerns that the former president would revert to his usual self and use this as free rein to deny Carroll’s story yet again—doing in the courtroom what he keeps doing on the 2024 presidential campaign trail and all last night on his Truth Social media network.
The judge repeatedly insisted that Habba personally ensure that her client would instead stick to the script and carefully answer her questions directly without venturing into verboten territory, noting “the strict confines placed on his testimony.” Habba obliged.
But then Carroll’s attorney informed the judge that Trump was likely planning to defy the rules anyway, noting how the former president was actually muttering under his breath—even as Habba and the judge were discussing the matter.
Kaplan told the judge that Trump was grumbling that he’d say “he never met her,” something he wouldn’t be allowed to say in front of the jury. The judge responded by ordering Trump—always referring to him as “Mr. Trump” and not by the honorific title often extended to former presidents—to keep his voice down and stop being disruptive.
To assuage her concerns, the judge said he’d effectively tell the jury to completely disregard any kind of denial from the man who’d already been found legally liable for the attack.
“The jury will be instructed… he did it,” the judge said.
When the judge considered forbidding Habba’s question about Trump’s goal in making his public denials, Habba pushed back.
“I have a right to ask about his intent,” Habba asserted.
“I will decide what he has a right to say here. That’s my job, not yours,” the judge shot back. “There will not be an open-ended question.”
When the jury finally returned, Habba made sure to refer to her client by his formal yet expired title.
“Defense calls President Donald Trump,” she said.
Trump got up from his chair at the defense table, unbuttoned his jacket, and strutted on his way to the seat next to the judge.
Habba sped through her three questions while Trump’s answers were buried under a chaotic flurry of objections reflected above. When it was Kaplan’s turn, she tried to direct the jury’s attention to the fact that Trump didn’t even bother to show up at his previous trial, where he would have had the freedom to testify openly about the matter—a line of questioning that was repeatedly objected to as well. All throughout, the former president pursed his lips and shook his head in furious astonishment.
After just about four minutes, the judge dismissed Trump from the witness stand. The tycoon slowly walked back to his seat. Habba announced that the defense would rest its case, and the judge ordered the jury to come back Friday morning for closing arguments.
Jurors are expected to start deliberating by midday tomorrow. They’ve been asked to award Carroll up to $12 million in actual damages, but they could be asked to severely punish the real estate baron—especially after they witnessed videotape of him gloating about his vast business portfolio and “billions” in wealth.
