Most judges will tell you that they don't want to be the story and don't want to make news. Especially federal judges. Yet Judge Lewis Kaplan was front and center in the Trump case...
Here's an ABA article detailing some of his quips. Too much?
“Mr. Trump, I hope I don’t have to consider excluding you from the trial,” Kaplan said.
Trump protested by throwing up his hands and saying, “I would love it! I would love it.”
Kaplan responded by telling Trump: “You just can’t control yourself in these circumstances apparently.”
Jurors are considering damages in the lawsuit by Carroll, who obtained an earlier verdict and $5 million in damages against Trump for sexually abusing—but not raping—her in a Bergdorf Goodman dressing room in New York City in the 1990s and then denying the incident in October 2022.
The new trial claims that Carroll was defamed in denials by Trump before October 2022 and after the May 2023 verdict.
Kaplan also chastised lawyers in the case—on more than one occasion. CNN, Salon and the Washington Post have these examples:
• Kaplan reined in Trump lawyers when several lawyers objected all at once. “Let’s just get this clear for both sides right now,” Kaplan said. “The first lawyer who says anything when a witness is on the stand says everything there is to be said for that side. This is not a tag-team lawyering.” (The Washington Post)
• When Trump lawyer Alina Habba cross-examined Carroll using a 2022 deposition, Kaplan said he needed a copy and wanted to know what portion that Habba would be reading. “Now look, Ms. Habba,” Kaplan said. “We’re going to do it my way in this courtroom, and that’s all there is to it.” (CNN)
• Kaplan called a recess after Habba read harassing social media posts about Carroll before entering them into evidence. “You should refresh your memory about how it is you get a document into evidence,” Kaplan said. (CNN)
• When Habba asked Kaplan again to postpone the trial to allow Trump to attend his mother-in-law’s funeral, Kaplan said he would “hear no further argument on it. None. Do you understand that word? None. Please sit down.” (CNN)
• Kaplan criticized a lawyer for Carroll for seeking exhibits in advance to consider potential redactions. “When the document is authenticated and offered, that’s when you say objection, and that’s when we deal with it,” Kaplan said. (CNN)
• Habba asked Carroll whether she “makes a good amount of money” from her Substack posts. Kaplan stopped her, asking, “What’s ‘a good amount of money?’ Evidence 101.” (Politico reporter Erica Orden on X, formerly known as Twitter, via Salon)
He kept her on tight reins because she is inexperienced and there was a ton of evidence that was not admissible, which she and her client indicated they were going to try to get in. Also, she conducted herself like a bit of an asshole throughout.
ReplyDeleteThe alternative would have been a side show trial. Also, nothing that was said above is new to people who practice in federal court anywhere in the country.
Regardless, she will be fine as our next attorney general or ambassador to the UN in about a year.
The Judge's comments seem very mild and restrained. Habba would have had her ass handed to her by any Judge in the Southern District of Florida for her lack of evidence skills and no judge here would have allowed either side's grandstanding (even Cannon would have made stronger comments than these). Sounds like the reporters are trying to make a story out of nothing.
ReplyDeleteHad Habba ever tried a jury trial in federal court before? Or any Jury trial in State court? Does not appear so.
ReplyDeleteWe heard from the judge a good deal more than usual, but this wasn't a usual case. I was shocked with how well-restrained he was with Habba. She was lucky.
ReplyDeleteNo. This trial had to be tightly controlled. Any other defendant would have been jailed, and the Judge was, if anything, lenient with Habba. Leaving aside
ReplyDeleteher deficient legal skills, she disrespects any court she's in.
I never understood the abject fear judges have of more than one lawyer on the same side speaking. Judges react as if the lawyer is opening a can of gas and a box of matches. Of course only one lawyer can question a witness. But if there is argument on a point sometimes (rarely for me as I work alone ) a colleague has something valuable to add.
ReplyDeleteYou assume they have something valuable to add. Usually the second lawyer’s argument begins with the word “Again”. If that’s the case, sit down. The judge shouldn’t have to say it.
DeleteIf it was okay in legally blond, it’s okay with me. “And your boyfriend’s name is?” “Chuck”.
ReplyDeleteI clerked on the SDNY and worked several yrs in NYC. Based on Kaplan's reputation, I actually think Trump and Habba were quite lucky.
ReplyDelete