Trump Attorney Made 'Total Blunder' on First Day of Rape Trial: Lawyer

E. Jean Carroll's civil rape case against Donald Trump got underway in New York on Tuesday, with the former president's attorney making a "total blunder," according to one legal analyst.

Trump is being sued for allegedly raping Carroll, a former magazine columnist, in Manhattan either in late 1995, or early 1996, which he strongly denies.

The former president is locked in a number of legal battles, including facing charges over allegations he orchestrated the payment of hush money to former pornographic actress Stormy Daniels, to which he pled not guilty. These cases could impact his bid to return to the White House in the 2024 presidential election.

Carroll, now 79, says Trump raped her in a changing room at the Bergdorf Goodman department store in Manhattan, during which without consent he "pushed his fingers around Carroll's genitals and forced his penis inside of her."

Trump has fervently denied the claim, labeling it a "hoax" and insisting he had "never met this person in my life." Carroll is also suing the Republican presidential frontrunner for defamation over comments he made after she went public with her allegations in 2019.

On Tuesday, Carroll's lawyer, Shawn Crowley, said the incident would "change her life forever," while Joe Tacopina, Trump's lawyer, branded the accusation "unbelievable."

However Tacopina made a significant mistake during one of his interactions with federal judge Lewis Kaplan, who is overseeing the case, according to one legal analyst. Harry Litman, a former U.S. attorney and legal commentator, noted a testy exchange between the two men.

Asked by Kaplan whether Trump would testify in person, Tacopina replied: "I don't know. Yes, you can look at me that way."

Litman commented: "Yes you can look at me that way????? total blunder."

The defense team was also criticized by Lisa Rubin, a lawyer and MSNBC legal analyst, who noted there was "not even a single woman at the defense table," which she described as "not a great look in a case all about an alleged sexual assault."

Carroll's action against Trump is a civil one, not a criminal one, meaning there is no prospect of the former president facing any jail time. Newsweek has contacted Donald Trump for comment via the contact form on his official website.

Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, told Newsweek Carroll had made a strong impression on her first day giving evidence.

He said: "Carroll came out pretty strong with her testimony but the biggest issue she is facing is why didn't she report this to police and why this is now coming out decades later. The experts will come and testify that this is common psychology with a rape victim.

"Her testimony was very good and could sway the jury. It's a favorable venue in New York in a liberal jurisdiction and the jury instructions included that testimony from one witness is enough so if they believe her, she wins.

"But again, the biggest hurdle she needs to overcome is the time that has lapsed between now and the alleged assault, and she wrote a book, so they'll go after her pretty aggressively that this is just a money grab."

Tre Lovell, an L.A.-based entertainment and defamation attorney, told Newsweek Trump risks being held in contempt of court as a result of his social media posts relating to the case.

He said: "Trump has been posting statements on social media that the case is a made-up scam, [that] Carroll's attorney is a political operative and commenting on DNA evidence that the court instructed is not part of the case. By doing so, Trump could be seen as trying to influence the jury as they may easily come across his statements.

"In addition, to the extent his statements violate the court's instructions regarding what can't be said outside of the trial, it's possible Trump could be held in contempt. Finally, to the extent that current or future statements are construed as false statements of fact and are not privileged, additional defamation claims could be raised by Carroll.

"It's really in Trump's best interests to not comment, focus on winning the trial, and then if successful, strategically discuss and render his thoughts on the case afterward."

The legal action is only possible because New York passed the Adult Survivors Act in 2022, giving alleged sexual assault victims a one-year window to file lawsuits that would otherwise be outside the statute of limitations.

Update 4/27/23, 3:20 a.m. ET: This article has been updated with expert legal comment.