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Donald Trump may be advised to attend his upcoming defamation trial involving a woman who accuses him of rape even if he is not obliged to do so, according to an attorney.
Trump is being sued by former Elle columnist E. Jean Carroll over allegations he defamed her character when he denied accusations he sexually assaulted her in a Bergdorf Goodman dressing room in New York in the mid-1990s, including repeatedly stating that she's "not my type."
Carroll is also suing the former president for sexual battery after taking advantage of the Adult Survivors Act—a law New York passed in May 2022 that allows alleged adult sexual assault victims one year to bring lawsuits even if the statute of limitations has expired.
On April 10, federal judge Lewis A. Kaplan issued an order calling for both parties involved in the civil case to inform the court in writing by April 20 whether they intend to be present during the trial, or if not explain if they intend to be "absent from the trial proceedings for all or part of the day." The civil trial involving Trump is set to begin on April 25.
Kaplan said the order was not to be contrived as that either Trump or Carroll must attend the defamation trial, nor should they read it as there could be legal consequences if they are not present. Trump is currently not named among Carroll's list of proposed witnesses for the trial but is the first name of his own defense list.
Tre Lovell, Los Angeles corporate and libel law attorney, suggested there are a number of reasons why Trump may decide or be persuaded to attend the defamation trial, and that his lack of attendance could potentially harm him.
"First, he can assist his attorneys. As Carroll's lawyers call witnesses, Trump can provide insight on their testimony that may help his attorney during cross-examination, as well as add insight on evidence that may be introduced," Lovell told Newsweek.
"In addition, through his presence, the jury becomes acquainted with him daily, and that may help in deliberations. Familiarity is always beneficial.
"If he is absent, the jury may get the impression that he doesn't care enough about the case to show up, which sometimes can give them an adverse impression. Attorneys can often mitigate this negative impression by explaining why a party is not there, or have the party show up on the first day to meet the jury, and then be absent afterward," Lovell added.
Trump's lawyer Joe Tacopina confirmed to Newsweek no decision had been made yet as to whether the former president will attend the New York civil trial.
The judge's request for both parties to confirm their attendance is likely related to the Secret Service security arrangements which would be required should the former president arrive at the court in person.
On April 4, New York had to prepare for Trump to hand himself to authorities ahead of his court appearance to plead not guilty to 34 counts of felony falsifying business records charges related to hush money paid to Stormy Daniels to keep an alleged affair she had with him prior to the 2016 election a secret.
Carroll's attorney Roberta Kaplan, no relation to the judge, said Carroll "intends to be present for the entire trial."
Even if Trump does not attend the defamation trial, it is highly likely that the jury will be played sections of the deposition he gave in October 2022.
In January, transcripts of Trump's under oath deposition were unsealed, which revealed the former president repeatedly attacked Carroll as a "nut job," "liar" and "mentally sick" as well as defended his "not my type" remarks he made against his accuser.
During his deposition, Trump also mistakenly believed that a black-and-white photo of Carroll was of his ex-wife, Marla Maples.
About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida ... Read more