NEW YORK, May 1 (Reuters) – Donald Trump has requested a mistrial in a civil case where the writer E. Jean Carroll is accusing him of rape and defamation, saying the judge made several “unfair and prejudicial” rulings against him.
In an 18-page letter filed early Monday in Manhattan federal court, Trump’s lawyer Joe Tacopina accused U.S. District Judge Lewis Kaplan of being biased against the former U.S. president, including in the jury’s presence.
He said the effect of Kaplan’s rulings “manifests a deeper leaning towards one party over another,” including in comments where the judge “openly expresses favoritism.”
Lawyers for Carroll did not immediately respond to requests for comment. The trial is expected to resume on Monday, with Carroll facing a second day of cross-examination by Tacopina.
Requests for mistrials are often long shots, including when they are based on the judge’s own statements. Such requests also often form a basis for eventual appeals.
Trump is leading the Republican field in the 2024 presidential race. Kaplan was appointed to the bench by Democratic President Bill Clinton.
Carroll, 79, has accused Trump, 76, of raping her in a Bergdorf Goodman department store dressing room in late 1995 or early 1996, and then undermining her credibility and career by lying about it online.
The former Elle magazine advice columnist’s defamation claim concerns an October 2022 post on Trump’s Truth Social platform, where Trump called Carroll’s case a “complete con job” and “a Hoax and a lie.”
Trump has consistently denied that the rape happened.
Because the case is civil, Carroll must establish her claims by a preponderance of the evidence, meaning more likely than not, and need not meet the tougher criminal standard of proof beyond a reasonable doubt.
Tacopina said Kaplan should have let him question Carroll about why she did not seek security camera footage of the alleged rape, and why she did not tell police.
He also challenged Kaplan’s handling outside jurors’ presence of a Twitter post by Trump’s son Eric discussing how LinkedIn co-founder Reid Hoffman was helping fund her case.
Tacopina called Eric Trump’s tweet protected speech, and objected to Kaplan saying the tweet might leave Donald Trump “sailing in harm’s way” and that “some relevant United States statutes” might be implicated.
If no mistrial were granted, Tacopina said Kaplan should correct the record and give him more freedom to cross-examine Carroll and her witnesses.
Others who may testify for Carroll include two friends she talked with shortly after the alleged rape, and two other women who have said Trump assaulted them.
Several women have accused Trump of sexual misconduct. He has denied their allegations.
(Reuters)