A court reporter came out of Kaplan’s robing room with all those lawyers. And even if an SDNY judge would participate in settlement negotiations — and that’s NOT the custom — no settlement conversation would be transcribed. 2/
— Lisa Rubin (@lawofruby) May 1, 2023
That was not the only letter flying. On Monday, Trump’s lawyer called for a mistrial in the case, according to CBS, arguing that Kaplan — who was appointed to the bench in 1994 by then-President Bill Clinton — had made “pervasive unfair and prejudicial rulings” against Trump. [firefly_poll] Attorney Joe Tacopina asked that Judge Lewis Kaplan dismiss the case or “correct the record for each and every instance in which the Court has mischaracterized the facts of this case to the Jury” and “allow the Defendant’s counsel to have greater latitude to cross-examine Plaintiff and her witnesses.”That letter was followed by a motion, supporting brief, and an exhibit, which are sealed until Judge Kaplan determines they should or should not stay that way. But given how little even the cover letter says, this appears to be no ordinary evidentiary dispute. Stay tuned. FIN
— Lisa Rubin (@lawofruby) May 1, 2023
The letter also said Tacopina was irked that Kaplan prevented him during cross-examing from exploring Carroll’s actions during after the alleged incident took place, according to ABC. In particular, he noted that Carroll had never gone to the police nor sought security camera footage from the Bergdorf Goodman department store where the alleged rape is said to have occurred.
“[P]roof that Plaintiff never attempted to determine if any such footage of the parties existed constitutes circumstantial evidence that her accusation is false,” the letter said.
Last week, Kaplan rebuked Trump for a social media post that called Carroll’s lawyer “a political operative” [ic_related] “What seems to be the case is that your client is basically endeavoring, certainly, to speak to his quote-unquote public, but, more troubling, the jury in this case about stuff that has no business being spoken about,” Kaplan said to Trump’s attorneys.He called Trump’s post “a public statement that, on the face of it, seems entirely inappropriate.” This article appeared originally on The Western Journal.10:30 pm Sunday. https://t.co/6nRZFcrYbO
— Byron York (@ByronYork) May 1, 2023