Podcasts > Rachel Maddow Presents: Déjà News > Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

By Rachel Maddow

Join Rachel Maddow Presents: Déjà News as Lawrence O’Donnell, E. Jean Carroll, and a host of legal minds delve into the landmark decision that rocked the foundation of a political giant. The episode explores the groundbreaking verdict where Donald Trump has been ordered to pay a staggering $65 million in punitive damages to E. Jean Carroll as recompense for his actions. Through the keen legal insights of Roberta Kaplan, listeners get an inside look at the strategy that brought a former president to unprecedented accountability.

This gripping episode isn't just a legal drama; it’s a probing examination of the intersection between gender, power, and truth within the court of law. Through testimonies of courage and perseverance, the podcast underscores the critical importance of believing women who challenge the powerful, featuring a supporting account from Lisa Birnbach. Echoing wider societal themes, the trial serves as a lens on the dynamics of sex and ethics in America, inviting audiences to consider the robustness of truth and the essential belief in a legal system that treats all as equals under the law.

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

1-Page Summary

Punitive damages awarded against Trump

The jury in the E. Jean Carroll case has ordered Donald Trump to pay $65 million in punitive damages. Roberta Kaplan argued this significant financial penalty was necessary to deter Trump from similar future conduct and to help Carroll return to her normal life.

Trump's reactions and behavior throughout the trials

Donald Trump's conduct during the trial, especially his exit from the courtroom during Kaplan's closing argument, likely influenced the jury's perception negatively. His direct attempt to address the jury and violation of courtroom protocols could have been interpreted as disrespectful, affecting the verdict against him.

Kaplan's strategy involved addressing Trump's broader behavior and attitude towards the legal system. She highlighted Trump's disrespect for legal proceedings, including his exit during her closing argument, which supported her case for punitive action to stop his pattern of defaming and bullying E. Jean Carroll.

Importance of believing women who accuse powerful men

E. Jean Carroll's case against Trump emphasized the courage required by women to accuse powerful figures. Carroll's testimony, supported by her friend Lisa Birnbach's crucial corroborating witness account, underlined the importance of believing and supporting women in similar situations.

The trials as a referendum on sex, power, truth and ethics

The trials have sparked a national dialogue on sex, power, truth, and ethics. Faith Gay sees the outcome as a reinforcement of the importance of truth in the judicial system, regardless of an individual's power, and a reminder that presidential powers have limits.

The trial's outcomes uphold the rule of law over Trump's apparent lawlessness. Jurors demonstrated that even individuals in the highest positions are subject to legal accountability, reinforcing public trust in the justice system's impartiality and effectiveness.

1-Page Summary

Additional Materials

Clarifications

  • E. Jean Carroll is a writer who accused Donald Trump of sexual assault in the mid-1990s. Her case against Trump gained attention for its legal proceedings and the significant damages awarded. Lisa Birnbach, Carroll's friend, provided a corroborating witness account in support of Carroll's testimony. The case highlighted the challenges women face when accusing powerful figures and the importance of believing and supporting them.
  • Roberta Kaplan is a prominent lawyer known for her work in civil rights and LGBTQ+ advocacy. She represented E. Jean Carroll in the case against Donald Trump, emphasizing the need for punitive damages to deter his behavior. Kaplan's legal strategy focused on Trump's conduct and attitude towards the legal system to support Carroll's case. Her role was crucial in presenting a strong argument for holding Trump accountable for his actions.
  • During the trial, Donald Trump's behavior, particularly his exit from the courtroom during Roberta Kaplan's closing argument, was seen as disrespectful and potentially influenced the jury's perception negatively. His direct attempt to address the jury and violation of courtroom protocols could have impacted the verdict against him.
  • Lisa Birnbach's witness account was crucial in E. Jean Carroll's case against Donald Trump as it provided additional support to Carroll's testimony. Birnbach's testimony helped corroborate Carroll's allegations, strengthening the credibility of the accusations made against Trump. This collaboration between Carroll and Birnbach highlighted the importance of having corroborating witnesses in cases involving powerful figures. Birnbach's account played a significant role in emphasizing the need to believe and support women who come forward with allegations against influential individuals.
  • Faith Gay is a prominent attorney who has been involved in high-profile legal cases. In this context, her perspective adds weight to the discussion on the importance of truth in the judicial system and the limitations of presidential powers. Her insights contribute to the broader conversation about the implications of the trial outcomes on legal accountability and public trust in the justice system.
  • The trial outcomes in cases involving powerful individuals like Donald Trump can impact public perceptions of the justice system's fairness and accountability. When high-profile figures are held legally responsible, it can demonstrate that the legal system applies to everyone equally, reinforcing trust in its ability to uphold justice. This can help maintain public confidence in the rule of law and the idea that no one is above legal scrutiny.

Counterarguments

  • The size of punitive damages should be proportionate to the harm caused and the defendant's ability to pay; $65 million may be seen as excessive or punitive beyond the scope of deterrence.
  • The effectiveness of financial penalties as a deterrent is debatable, and some may argue that other forms of accountability could be more appropriate.
  • Trump's behavior in court, while potentially disrespectful, may not necessarily correlate with the merits of the case or the appropriateness of the damages awarded.
  • Kaplan's focus on Trump's broader behavior could be criticized for potentially diverting attention from the specific legal issues at hand in the Carroll case.
  • The principle of "believing women" must be balanced with the presumption of innocence until proven guilty to ensure fairness in the legal process.
  • The dialogue on sex, power, truth, and ethics is complex, and the trial's role in this conversation may be overstated or not representative of broader societal views.
  • The outcome of the trial may be seen by some as a reflection of the current political climate rather than an unbiased application of the rule of law.
  • The notion that the trial upholds the rule of law could be challenged if there are perceived biases or procedural issues that question the fairness of the trial.

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

Punitive damages awarded against Trump

A jury has made a significant monetary decision in a highly-watched legal case involving Donald Trump.

$65 million in punitive damages awarded by the jury

After brief deliberation, the jury returned to award $65 million in punitive damages against Donald Trump. This decision comes as part of the legal proceedings in the E. Jean Carroll case.

The large award intended to stop Trump's behavior and allow Carroll's life to return to normal

Roberta Kaplan, in her closing argument to the jury, advanced the argument for an unusually high punitive dam ...

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Punitive damages awarded against Trump

Additional Materials

Clarifications

  • Punitive damages are monetary awards meant to punish a defendant for their conduct, beyond compensating the plaintiff. They are typically awarded in cases where the defendant's actions are deemed particularly harmful or egregious. The purpose of punitive damages is to deter the defendant and others from engaging in similar conduct in the future. These damages aim to send a message that certain behaviors will not be tolerated and to promote justice by holding wrongdoers accountable.
  • Roberta Kaplan is a prominent lawyer who represented E. Jean Carroll in the legal case against Donald Trump. She argued for a high punitive damages award to deter Trump fro ...

Counterarguments

  • The size of the punitive damages award may be seen as excessive and could be argued to be more punitive than necessary to achieve deterrence.
  • There could be a question of whether punitive damages are the most effective means of changing behavior or if other remedies would be more appropriate.
  • The ability of punitive damages to help E. Jean Carroll return to normal life might be debated, as money may not address all the emotional and psychological impacts of the case.
  • The awarding of punitive damages in this magnitude could set a precedent that impacts how future cases are approached, which may not alw ...

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

Trump's reactions and behavior throughout the trials

Throughout the trial proceedings, Donald Trump's conduct caught significant attention, particularly during the closing arguments.

Trump stalked out of the courtroom during Kaplan's final argument to the jury

Donald Trump displayed a dramatic exit from the courtroom during Roberta Kaplan's final argument to the jury. His actions, which included attempting to speak directly to the jury—a clear violation of courtroom protocol—and ostentatiously stomping out of the room, did not go unnoticed. His abrupt departure occurred mere minutes into Kaplan’s closing speech.

His behavior reflected badly and turned against him by the jury

The impact of Trump’s behavior on the jury’s perception was notable. There is speculation that his inability to control himself and adhere t ...

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Trump's reactions and behavior throughout the trials

Additional Materials

Clarifications

  • Roberta Kaplan is a prominent lawyer known for her work in civil rights cases, including LGBTQ+ rights. In this trial, she was representing a party against Donald Trump. Ka ...

Counterarguments

  • Trump's exit could be interpreted as a strategic move rather than a loss of control, possibly intended to disrupt the opposing counsel's momentum or to make a statement.
  • The attempt to speak to the jury, while against protocol, could be seen as an act of desperation or a misguided attempt to assert his perspective, rather than outright disrespect.
  • The perception of Trump's behavior as ostentatious could be subjective; what some view as a dramatic exit, others might see as a non-verbal expression of disagreement or protest.
  • The timing of Trump's departure during Kaplan's speech might not have been intended to interrupt her but could have been due to other reasons not disclosed to the public.
  • The impact of Trump's behavior on the jury is speculative, and without direct statements from the jurors, it's not possible to definitively say how they perceived his actions.
  • The jury is ...

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

Kaplan's effective legal strategy and performance

Kaplan's legal strategy during the courtroom battle with Donald Trump was to not only address the immediate issues at hand but to paint a broader picture of Trump's behavior and attitude towards the legal system. Kaplan's argument focused on stopping Donald Trump from further defaming and bullying E. Jean Carroll and highlighted the importance of punitive action.

Convinced the jury to punish Trump to stop his bullying behavior

Kaplan and her team capitalized on Trump's conduct in the courtroom to portray him as someone who consistently exhibits a lack of control and respect for legal proceedings. She noted instances such as Trump walking out while she was speaking and exemplified his general demeanor as evidence of his disregard for the legal sys ...

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Kaplan's effective legal strategy and performance

Additional Materials

Clarifications

  • E. Jean Carroll is an American journalist and author known for her advice column in Elle magazine. She accused both CBS CEO Les Moonves and Donald Trump of sexual assault in the mid-1990s. Carroll sued Trump for defam ...

Counterarguments

  • Kaplan's focus on Trump's broader behavior might be seen as an attempt to influence the jury with factors that are not directly related to the legal merits of the case at hand.
  • Emphasizing punitive action could be argued as potentially overshadowing the pursuit of justice for the specific legal issue, which should be the primary focus of the trial.
  • The strategy of portraying Trump's behavior as a pattern might be challenged on the grounds that each legal case should be considered on its individual facts and merits, not on the defendant's personality or past actions.
  • The interpretation of Trump's courtroom conduct could be subjective, and what Kaplan viewed as disrespect might be argued by others as a non-traditional approach to legal proceedings.
  • The effectiveness of punitive measures to change behavior is a matter of debate, and some might argue that punitive action is not a guaranteed deterrent against future misconduct.
  • The argument that Trump's behavior stepped out of the boundaries of acceptable conduct could be countered by questioning whether Kaplan's interpretation aligns with the legal definitions of misconduct ...

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

Importance of believing women who accuse powerful men

The encounter between E. Jean Carroll and Donald Trump has highlighted the need to believe women, especially when they bring allegations against powerful figures.

Carroll showed courage in coming forward against Trump

Her friend Birnbach provided crucial corroborating testimony

E. Jean Carroll faced substantial obstacles in suing Donald Trump, who was the sitting President at the time. Weissmann acknowledges this difficulty and frames Carroll's hesitance to use the word "rape," instead preferring "fight," as a display of courage in telling her story. Carroll herself has emphasized that her battle is not just about her own personal experience but is in solidarity with all women, particularly those who have been assaulted and did not survive or were unable to speak out.

Jen Psaki has noted Carroll's courage in standing up under such challenging circumstances. The legal weight of her claims was significantly bolstered by the testimony of her friend, Lisa Birnbach. Weissmann points out that outcry witnesses such as Birnbach are essential in substantiating the accounts of individuals like Carroll.

Birnbach took the stand to support her friend after Carroll had confided in her about the assault, an incident that profoundly affected Carroll's life and career. In her testimony, Birnbach recounted the phone call wherein Carroll detailed the sexual assault. Birnbach was the person who identified the incident as a rape, and she urged Carr ...

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Importance of believing women who accuse powerful men

Additional Materials

Clarifications

  • E. Jean Carroll accused Donald Trump of sexually assaulting her in a Bergdorf Goodman dressing room in the mid-1990s. This encounter gained attention when Carroll detailed the alleged assault in her book published in 2019. Trump denied the accusation, stating he had never met Carroll and called her claim "totally false." The encounter became a focal point in discussions about believing women who accuse powerful men.
  • Mar-a-Lago is a private club and resort in Palm Beach, Florida, owned by former President Donald Trump. It is known for its luxurious amenities and has served as a frequent retreat and social hub for Trump during his presidency. The property has been a subject of public interest due to its association with Trump's administration and personal lifestyle.
  • E. Jean Carroll's claims carried legal weight due to the corroborating testimony provided by her friend, Lisa Birnbach. Birnbach's account of Carroll confiding in her about the assault served as immediate, corroborative evidence. This testimony helped substantiate Carroll's allegations against Donald Trump. The support from Birnbach added credibility and strength to Carroll's claims in the legal context.
  • Outcry witnesses are individuals ...

Counterarguments

  • The principle of "innocent until proven guilty" applies to all, including powerful men, and accusations should be thoroughly investigated rather than believed outright.
  • Courage in coming forward does not equate to the veracity of the claims; both the accuser's and the accused's narratives must be carefully examined.
  • The use of the word "rape" is a legal and definitional matter that should be determined by the facts of the case, not solely by the choice of language.
  • Solidarity with survivors is important, but each case should be judged on its own merits and evidence.
  • The presence of a corroborating witness is valuable, but it is not definitive proof of an allegation; the testimony must be scrutinized for consistency and credibility.
  • The timing and context of Birnbach's testimony should be considered, as memory can be fallible and influenced by external factors over time.
  • The professio ...

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

The trials as a referendum on sex, power, truth and ethics

The trials involving E. Jean Carroll and Donald Trump have been presented not merely as legal battles but as a profound American discussion on deep-seated issues such as sex, power, truth, and ethics, as interpreted by Faith Gay.

Affirmed the importance of telling the truth no matter how powerful someone is

The trials, Gay asserts, have captured the nation's attention by questioning society's values, particularly the experiences and worth of an older woman speaking out. Weissmann and Gay convey through implications that Carroll's actions and the juries' decisions have underscored the sanctity of truth in the courtroom, irrespective of an individual's power.

Showed there are limits on presidential power

Furthermore, the legal proceedings have reaffirmed the conviction that there are definitive limits to the extent of presidential power. Gay's reflection on the trial emphasizes that the gripping nature of the case arises fr ...

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The trials as a referendum on sex, power, truth and ethics

Additional Materials

Clarifications

  • E. Jean Carroll and Donald Trump were involved in two lawsuits where Carroll accused Trump of sexual assault in the 1990s. The lawsuits included claims of defamation and battery under the Adult Survivors Act. The trials raised questions about truth, power, ethics, and the limits of presidential power. Carroll framed her legal challenge as a fight for women's rights and against influential figures.
  • Faith Gay is a legal professional known for her expertise in high-profile cases involving complex legal and societal issues. In this context, Faith Gay provides her analysis and interpretation of the trials involving E. Jean Carroll and Donald Trump, highlighting the broader implications of the legal battles beyond just the legal aspects. Faith Gay's insights shed light on the significance of the cases in the context of societal discussions around sex, power, truth, and ethics.
  • Weissmann and Gay are individuals who are interpreting and analyzing the legal proceedings involving E. Jean Carroll and Donald Trump. They are conveying implications by highlighting the significance of the trials in relation to societal values and the sanctity of truth in the courtroom. Their insights contribute to the broader discussion on issues such as sex, power, truth, and ethics within the context of these trials.
  • Carroll's actions in this context pertain to her decision to bring a legal case against Donald Trump for defamation. The juries' decisions would involve the outcomes reached by the jurors in response to the evidence and arguments ...

Counterarguments

  • The trials may not be as universally seen as a referendum on broader societal issues, but rather as specific legal disputes between individuals.
  • The importance of truth in the courtroom is a legal principle, but the public's perception of truth can be influenced by media, personal biases, and preconceived notions.
  • While the trials may set precedents regarding presidential power, they are not the sole determinant of its limits, as constitutional law and other legal cases also shape these boundaries.
  • The exploration of ethical conduct and devaluation based on age and gender in the trials may not reflect a universal change in societal attitudes b ...

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Lawrence: $83M to Carroll could start Trump's 'collapse into bankruptcy'

Significance for the rule of law and faith in the legal system

The discussion around the trial involving Donald Trump brings to light the vital role that the legal system plays in upholding the rule of law and maintaining public trust in its efficacy and fairness.

Juries upheld the rule of law over Trump's lawlessness

Faith Gay speaks to the essence of societal values, emphasizing that the trial tested whether societal rules apply equally to all, including presidents. The trial's outcome was not just a legal victory but also a reaffirmation of the principle that courts have the power to hold even the highest offices accountable.

Jen Psaki reflects on the importance of the perception of Donald Trump as an individual subjected to the legal system, underscoring the idea that no one is above the law. This sentiment is echoed by E. Jean Carroll, who identifies the moment when Trump comes to face the legal system without his usual fortifications as a critical turning point that testifies to the strength of the judicial process.

Weissmann expresses satisfaction with the juries' rejection of Trump's attempts to elevate himself above the law. The adherence to the principle that no individual, regardless of their position of power, is immu ...

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Significance for the rule of law and faith in the legal system

Additional Materials

Clarifications

  • E. Jean Carroll is an American journalist and author known for her advice column in Elle magazine. She accused Donald Trump of sexual assault in the mid-1990s, leading to a legal battle between them. Carroll won defamation lawsuits against Trump in 2023 and 2024, receiving significant damages.
  • Psaki is Jennifer Psaki, an American television political analyst and former government official who served as the White House press secretary under the Biden administration. She has held various roles in both the Obama and Biden administrations, including as a spokesperson for the United States Department of State. Psaki is known for her contributions to political analysis on networks like CNN and hosting a talk show on MSNBC.
  • "Fortifications" in this context are metaphorically referring to the usual defenses or protections that Donald Trump typically relies on when facing challenges or legal scrutiny. It suggests that when Trump is confronted by the legal system without these usual defenses, it marks a significant moment in the judicial process.
  • Legal scrutiny involves a thorough examination and evaluation of an individual's a ...

Counterarguments

  • The perception of fairness in the legal system can be subjective, and some may argue that high-profile figures like Trump are actually at a disadvantage due to media influence and public opinion swaying the process.
  • The principle of "innocent until proven guilty" is fundamental, and emphasizing a trial's outcome before it concludes could undermine this principle.
  • The legal system is not infallible and has been known to be influenced by political and social pressures, which can sometimes lead to questions about its ability to uphold the rule of law impartially.
  • The complexity of legal cases involving high-profile figures can lead to lengthy and expensive trials, which some may argue reflects a disparity in how justice is administered to the wealthy and powerful versus the average citizen.
  • The idea that no one is above the law is an ideal; in practice, there are instances where individuals in power have avoided accountability due to various factors, including legal technicalities, pardons, or the influence of their position.
  • The use ...

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