Most defendants, when trying to deny a accusation against them, do their best to behave in ways that differ from the crime they've been charged with. Defendants in murder cases try to present as humble people who have never acted in anger. People charged with theft will act like hard-working citizens who have only ever earned an honest dollar. Most men indicted for sexual abuse or assault will surround themselves with female supporters while claiming to be too tender-hearted to hurt a woman. The goal of defense attorneys is generally to make their client seem incapable of the vicious crime they're accused of.
Not Donald Trump, however. In what is now the second trial regarding his sexual assault and repeated defamation of journalist E. Jean Carroll, Trump has embraced the novel strategy of acting exactly like a cartoonishly evil villain on an episode of "Law & Order: Special Victims Unit." Despite repeatedly whining about how much time he has to spend in court, Trump has shown up in court, even though he doesn't have to, just to intimidate not just Carroll but the jury members.
MSNBC legal analyst Lisa Rubin spent the first day of this new trial in court, and reports that Trump has spent the entire time glowering and glaring at Carroll, her attorney, and any jury member who says anything he doesn't like. He sits right behind Carroll, doing everything he can to intimidate a woman he sexually assaulted in the 90s, as the jury found to be true in the last case.
BREAKING: Inside the courtroom in E. Jean Carroll’s civil defamation case against Donald Trump. @lawofruby describes Trump sitting at a table behind Carroll and never making eye contact. Lisa describes Trump’s mood and how “attentive” he was on the perspective jurors. pic.twitter.com/5JOJTSSkIF
— MSNBC (@MSNBC) January 16, 2024
As Rubin described on Twitter, Carroll's body language is exactly as you'd imagine a trauma victim would respond: "[N]ot comfortably settled in her chair, but perched on its edge, her back ruler straight, willing herself as far away from her assaulter, who was sitting two rows behind her, as she could."
Rubin described it as "wrenching" and "the seated embodiment of a fight-or-flight response." Trump reportedly acted similarly towards potential jurors, making exaggerated facial expressions and noises to their responses, radiating menace as much as a 77-year-old man who smells like a butt can. The only way he could seem any more like a sexual predator is if he wore a raincoat to court and periodically flashed any woman who came into view.
Former U.S. President Donald Trump and E. Jean Carroll attend jury selection in the second civil trial after Carroll accused Trump of raping her decades ago. Courtroom sketch by Jane Rosenberg pic.twitter.com/THKZFWWskV
— corinne_perkins (@corinne_perkins) January 16, 2024
Odd behavior from anyone trying to win a jury over, one would think, but especially in light of what his supposed "defense" is going to be: Feigned umbrage at the accusation that he would ever do something like attack someone half his size in a department store dressing room.
Trump's lawyer, to be clear, has already been warned that denying the accusation of rape is not allowed. The previous jury found Trump liable for sexual assault and for defaming Carroll after the fact. As the judge has already explained, "The fact that Mr. Trump sexually abused — indeed, raped — Ms. Carroll has been conclusively established."
The judge in @ejeancarroll’s defamation case against Donald Trump noting a jury found that Trump “sexually abused Ms. Carroll and injured her in doing so.”
— Katie Phang (@KatiePhang) January 16, 2024
“The fact that Mr. Trump sexually abused — indeed, raped — Ms. Carroll has been conclusively established…” pic.twitter.com/dQ6RqVbYJW
This current case is only about Trump's continued defamations of Carroll, including repeated false accusations that she is a crazy liar. During her opening statement on Tuesday, Alina Habba immediately violated the judge's order against denying the sexual assault by claiming, "President Trump defended himself when publicly accused," before being cut off by the judge.
Habba went on to argue that Carroll loves being a sexual assault victim, because she's "fully enjoying the attention" that comes from telling her story. This, of course, runs contrast to evidence presented in the last case showing Carroll's decades of trauma — including the fact that she never had sex again — her loss of employment, and her fear of being murdered by one of Trump's unhinged supporters.
Trump himself is right there, showing how ridiculous it is to claim Carroll is "enjoying" this. By mimicking a predator stalking his prey, he is a moment-to-moment example of what feminists have argued for decades: Sexual assailants act not out of mere lust, but because they are vicious sadists who enjoy watching their victims suffer. Not only is Trump proving the point with his behavior to Carroll, he's proving it by acting menancingly towards the jury. He's also proving it outside of court, by unleashing a torrent of further defamation on Truth Social. The only word for his behavior is "obsession."
During Carroll's testimony, Trump made a point of acting exactly how everyone imagines a criminal engaging in witness intimidation would act.
CNN Reports Trump Shook His Head In Court As Carroll Testified He Raped And Defamed Her https://t.co/khfJvPpc4o
— Mediaite (@Mediaite) January 17, 2024
As Politico reporter Erica Orden noted, Carroll's attorney complained "that Trump is muttering loud enough that the plaintiff's table can hear him." Trump's attempts to look tough only seem more pathetic because all he can do is whine, constrained by his own fear of jail from acting out more physically.
Earlier this week, the New York Times reported that Joe Tacopina, who defended Trump during the first rape and defamation case, suddenly dropped this case right before trial. Tacopino wouldn't respond to questions why, but as Maggie Haberman of the Times notes, Tacopino had advised Trump against testifying in the first trial, "a decision the former president said he regretted." Indeed, Tacopino's strategy throughout appeared to be keeping Trump as far away from the jury as possible, so they wouldn't be knocked over by the guilt radiating off the former president who has bragged he likes to "grab 'em by the pussy."
Tacopino was right to believe his client is the strongest character witness against himself. That much was demonstrated by the taped deposition with Trump that Carroll's lawyers played for the jury. Even though Trump clearly understands he's supposed to deny raping Carroll, his desire to brag caused him to slip up. He was asked about the "hot mic" tape of him bragging backstage on "Access Hollywood" about how "when you're a star, they let you do it." Trump got defensive, arguing that men have been allowed to rape for "the last million years," adding, "unfortunately or fortunately." The obvious implication is he's the victim here, having his right to attack women impugned like this.
Trump defends his comments from the “Access Hollywood” tape in his taped deposition:
— Republican Accountability (@AccountableGOP) May 5, 2023
Trump: “Historically, that’s true with stars…If you look over the last million years, I guess that’s been largely true. Not always, but largely true. Unfortunately or fortunately.” pic.twitter.com/FqtTVFF2oE
This comports with the extensive research done by psychologist David Lisak in profiling men who sexually assault women. "They're eager to talk about their experiences," he told NPR of his interviews with rapists. "They're quite narcissistic as a group - the offenders - and they view this as an opportunity, essentially, to brag."
In the blinkered, egotistical worldview of the rapist, attacking women is somehow an indicator of his power and might. That may impress the insecure man-children that make up the MAGA movement, but to normal people, it's a sign of cowardice. It's the behavior of a man who wants to feel dominant, but is afraid to pick on someone his own size. That's why a unanimous jury found Trump liable for sexual assault the first time. He's not doing himself any favors now by leaning even more into type.
Trump's obsession with Carroll is also leading him and Habba to play games to draw out this trial longer than necessary. Habba tried yet again Wednesday to slow down the trial, exploiting the death of Melania Trump's mother as an excuse. Of course, Trump does not need to be at the trial, so if he wants to go to the funeral, he can just go. But it's also true that Trump scheduled a campaign event that day, demonstrating that he's just lying. The judge denied the request.
One would think that Trump would want this trial over with, if only to end the news cycle dominated with reminders he sexually assaults women. But it's a sign that there's something even more important to him: Continuing to torture Carroll. He cannot stand that she stood up to him and won. The narcissistic injury is too great. So he'll continue to act like the guiltiest man alive.
“You just can’t control yourself," the judge told Trump Wednesday, in response to Trump's continued acting out in court. True enough! Just not the look you want when trying to convince a jury you're not a sex offender.
