5 things to know as E. Jean Carroll's civil trial begins against Donald Trump
NEW YORK — Jury selection begins Tuesday in the sexual assault and defamation civil suit brought against former President Donald Trump by the writer E. Jean Carroll. Late last year, Carroll accused Trump of "causing significant pain and suffering, lasting psychological harms, loss of dignity, and invasion of her privacy." Trump's lawyers argue that the statute under which Carroll brought the assault claim violates due process, and call the defamation claim "baseless."
What is the core of this suit?
Carroll claims Trump raped her in the changing room of the Bergdorf Goodman department store in Manhattan in the 1990s.
"As a result of the pain and suffering caused by Trump's sexual assault, Carroll has not been able to sustain a romantic relationship since the day Trump raped her," Carroll's suit claims, adding that she has been unable to have sexual or romantic relationships with men since that day.
Trump's lawyers are expected to argue that Carroll's nearly 30-year old claims cannot be proved, and that Carroll was motivated by the potential for book sales and publicity.
Didn't Carroll already have a suit against Trump? What makes this one different?
Carroll has sued Trump twice so far, and both matters are still active.
The first suit came in November 2019, and alleges defamation. After Carroll published an article in New York magazine, recounting the alleged rape, Trump responded, saying that Carroll was lying and going on to observe that "she's not my type." This suit was quickly tied up in disputes about the proper role of the Department of Justice in defending the then-president. It has still not gone to trial.
The second suit was filed in November 2022, under New York's Adult Survivors Act, which opened a one-year window for people alleging sexual assault to bring civil claims older than would otherwise be allowable under the statute of limitations. Like the first suit, the second one contains a defamation claim. Because Trump was no longer president at the time the claim was filed, it has proceeded quickly to trial.
What can we expect from the trial?
E. Jean Carroll — who shared her story publicly in a book, and in broadcast interviews — will recount her version of events under oath.
Carroll's lawyers have said they may produce a number of witnesses to bolster their client's claims, including Bergdorf Goodman staffers, two friends in whom Carroll confided not long after the alleged rape, and two women who have publicly claimed Trump sexually assaulted them, Natasha Stoynoff and Jessica Leeds.
The Carroll team may also show jurors excerpts from the "Access Hollywood" video in which Trump bragged about sexually assaulting women (he claimed the statement was "locker room talk" not meant in earnest).
And they plan to share excerpts from a deposition they did of Trump last year.
Trump's team says it may call Dr. Edgar Nace, a psychiatrist, and Trump himself. It is unclear whether the former president will attend the trial if he does not take the stand.
What are the stakes in this case, for Trump and for Carroll?
This is a civil case, so even if a jury finds in Carroll's favor, Trump would not be considered a criminal rapist under the law. Nevertheless, it could be seen as a form of accountability long sought not only by Carroll, but by many women who have claimed Trump sexually assaulted or inappropriately touched them.
Carroll is asking for unspecified damages, and demanding that Trump retract an allegedly defamatory statement about her. Damages could run to tens of millions of dollars.
How soon could this be decided?
The trial is expected to last about a week.
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Transcript
A MARTÍNEZ, HOST:
Today, like so many days, a case involving Donald Trump is in court.
STEVE INSKEEP, HOST:
This time it's a civil trial In New York City. Magazine columnist E. Jean Carroll accuses Trump of sexual assault. If found liable, the former president could be forced to pay tens of millions of dollars.
MARTÍNEZ: NPR's Andrea Bernstein joins us now for a preview. Andrea, what is Donald Trump accused of here?
ANDREA BERNSTEIN, BYLINE: Trump is being sued for civil battery and defamation for allegedly raping E. Jean Carroll in the dressing room of a department store in Manhattan in the 1990s. Carroll, who wrote an immensely popular advice column at the time called Ask E. Jean, was part of this world of celebrities in New York City at the time. And as Carroll tells it, the two ran into each other outside Bergdorf Goodman's on Fifth Avenue, where Trump said, hey, you're the advice lady. And she said, hey, you're the real estate mogul. And then, according to Carroll, he said he needed advice on buying a present, and she thought it was funny. Here's Carroll from a 2019 interview with NPR.
(SOUNDBITE OF ARCHIVED NPR BROADCAST)
E JEAN CARROLL: He had grabbed up from the counter a little see-through bodysuit and told me to go try it on. And I said, no, you go try it on. He said, no, it looks like it fits you. I said, no, it goes with your eyes. The whole thing - I'm just running a comedy script in my head because it's very funny. And then I made a terrible mistake.
BERNSTEIN: So Carroll says she went with Trump into the dressing room where she says he forced himself on her. Trump has denied the whole thing.
MARTÍNEZ: Now, if this happened in the 1990s, why is it going to trial now?
BERNSTEIN: Carroll did not speak out until decades later in 2019, when she published a book and an excerpt ran in New York magazine. At the time, Trump called her a liar and added, quote, "she's not my type." So Carroll sued him for defamation. But that's not the case that's going to trial today. The case that is going to trial is a new claim filed in November under a brand-new law in New York that allows adult survivors of alleged sexual assault to sue after many years have passed. Carroll is also suing for defamation based on a social media post from the fall when Trump called her allegations, quote, "a complete con job" and insulted her appearance.
MARTÍNEZ: Who's testifying in this?
BERNSTEIN: Most notably, Carroll herself and two other women who say they were sexually assaulted by Trump in a similar manner - one on an airplane and one at his Mar-a-Lago resort. Lawyers for Carroll are expected to play a portion of the infamous "Access Hollywood" tape, where Trump told a television host that he liked to grab women by the genitals and that, quote, "when you're a star, they let you do it." Trump's defenders have called that locker room talk. Since Trump's 2016 campaign, when he was elected, a number of women have accused him of sexual assault. But this is the first to go to trial where these allegations can be aired and tested in a court of law.
MARTÍNEZ: Will he be there? Will Trump be there or even testify?
BERNSTEIN: He's entitled to, but his lawyers haven't said yet. They're reserving the right for him to testify. Whatever happens, jurors will likely hear from him because there's a taped deposition in the case.
MARTÍNEZ: OK. And how long is the trial expected to last?
BERNSTEIN: The judge is renowned for running a tight ship. All of the evidence could be in by the end of next week, and it may not be long before we get a verdict in the civil case.
MARTÍNEZ: All right. NPR's Andrea Bernstein, thanks a lot.
BERNSTEIN: Thank you. Transcript provided by NPR, Copyright NPR.
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