Former President Donald Trump's appeal of the $83.3 million verdict in the defamation case brought by E. Jean Carroll is unlikely to succeed, legal experts say.
"Let me ruin the suspense for everyone. Trump doesn't have an appeal," Nashville lawyer Brian Manookian argued Friday. "I know the talking heads on TV who have never tried a case or appealed a jury verdict have to mention it. Here's why it isn't going to fly."
A person must "preserve a reversible error at the trial level" in order to have a case with merit on appeal, Manookian explained, ultimately blaming Trump's lack thereof on his legal team in the case.
"This is why you hire competent counsel. You need someone who actually knows the rules of evidence and procedure," he said. "Alina Habba had no clue what was occurring throughout the trial. She not only failed to preserve any remote grounds for appeal, like a moron, she repeatedly and unintentionally waived them over and over."
"Unfortunately for Mr. Trump, what she was doing over and over was waiving his ability to appeal over those evidentiary issues," Manookian added, discussing Habba saying "no objection" to exhibits as they were entered into evidence. "Because she is a moron who would rather *play* lawyer than do the research to *be* a lawyer."
Let me ruin the suspense for everyone. Trump doesn't have an appeal.
— Brian Manookian (@BrianManookian) January 26, 2024
I know the talking heads on TV (who have never tried a case or appealed a jury verdict) have to mention it. Here's why it isn't going to fly.
To have a meritorious appeal, you have to preserve a reversible…
Former U.S. Attorney Harry Litman also criticized Habba's courtroom skills during a Sunday MSNBC appearance, dubbing them a "comedy of bumbling errors.
Litman suggested that the former president may consider booting Habba from his legal team after her poor performance in the trial.
"Alina Habba — maybe in [Trump's] own mind is like, 'That's a path I can't go on. I've been burned very severely,'" Litman said, adding later: "I do think part of the rough week he had was having chosen a counsel who doesn't seem to have any, not just chops, but judgment about how you try a case like this when it's already been established and you may not quibble that your client has sexually assaulted the plaintiff and then lied about it."
