Donald Trump and E Jean Carroll’s courtroom face-off in New York in her defamation trial against the ex-president was derailed on Monday by a Covid-19 scare.
Before testimony was to resume in the case, Lewis Kaplan told attorneys in the case that a juror had fallen ill with Covid symptoms and would undergo testing.
“The juror in seat No 3 reported …early this morning that he was on the way to the city, but feeling hot and nauseous, so I sent him home for the day with instructions to get a Covid test and report back,” the judge told the parties.
Kaplan then revealed that Trump’s lead attorney, Alina Habba, had told the court: “she was not feeling well”.
“You said, Ms Habba, that one or both of your parents had Covid, is that right?”
“Yes, your honor,” an unmasked Habba said, explaining that she had dinner with them several days ago, which lasted several hours. Her co-counsel was also exposed at the dinner. Trump, who was present, did not don a mask.
They both took Covid tests and were negative. Kaplan asked whether they wanted to proceed without the ill juror – which would mean that this panelist would no longer weigh the case.
Carroll’s attorney, Roberta Kaplan, wanted to press on, saying: “We’re prepared and would like to proceed.”
Habba asked for the trial to be paused, as she wants the full panel. Judge Kaplan agreed and put off proceedings until 9.30 tomorrow morning.
He brought the jurors into court and apprised them of the situation, and then sent them home for the day. After jurors left, Habba said that Trump was poised to testify but with this adjournment, would have a scheduling conflict.
“My client reminded me, and I’m in trial mode, I apologize, tomorrow is the New Hampshire primary and he needs to be in New Hampshire,” Habba said. “I would just need his testimony to be Wednesday in light of the news about the jury today.”
Kaplan, Carroll’s attorney, wanted the trial to continue. “We’d like to get this trial over … I just think we should finish tomorrow,” she said.
The judge said he would not decide immediately whether Trump’s testimony could wait until Wednesday because he will be in New Hampshire.
Trump’s motorcade arrived at the downtown Manhattan federal courthouse just before 9am. Across from the courthouse, a handful of protesters were gathered, toting signs such as: “TRUMP IS THE BIGGEST LOSER” and “CRYBABY RAPIST LOSER.”
Trump attended the Manhattan federal court proceedings two days last week including on 17 January, when the former Elle writer described how his 2019 denials of her rape claim smeared her reputation. Carroll’s testimony marked the first time she confronted him in a courtroom.
Trump’s reaction to Carroll’s testimony was characterized by repeated outbursts, spurring Lewis Kaplan to warn that the ex-president would be booted from court if he refused to behave. Trump’s response was to taunt the judge, setting the stage for yet another potential showdown between the veteran jurist and bombastic 2024 Republican presidential candidate if he acts out again.
“Mr Trump has the right to be present here. That right can be forfeited, and it can be forfeited if he is disruptive, which is what has been reported to me, and if he disregards court orders.
“Mr Trump, I hope I don’t have to consider excluding you from the trial … I understand you are probably very eager for me to do that,” Kaplan warned last week.
“I would love it, I would love it,” Trump replied, gesturing.
“I know you would, you just can’t control yourself in this circumstance, apparently.”
This ongoing trial is Carroll’s second defamation trial against Trump. A jury in May found the former US president liable of sexual abuse and defamation, voting to award Carroll $5m in damages.
Carroll claimed Trump raped her around late 1995 or 1996, in the dressing room of a Manhattan department store. She went public with her claim in 2019 when a portion of her book, What Do We Need Men For? A Modest Proposal, was published in New York magazine.
Carroll first sued Trump in 2019 over his subsequent denials. She sued him again in 2022 when New York’s Adult Survivors Act allowed her to file suit over the sexual assault and defamatory statements he made when no longer president.
That second lawsuit went on trial this spring. Kaplan determined that the jury’s findings – that he sexually abused and defamed her – would be accepted as fact in this trial. This means the jury is only weighing damages.
