In a recent high-profile courtroom drama, Alina Habba, the lawyer representing Donald Trump, faced a setback when her request for a mistrial was denied by the judge. This development occurred during a critical phase of a defamation damages case, as reported by Matthew Russell Lee of Inner City Press, who provided live transcripts of the courtroom exchanges.
During the trial, a tense exchange unfolded between Habba and E. Jean Carroll’s lawyer. Habba raised a pointed question to Carroll, inquiring, “Ms. Carroll, are you aware it is illegal to delete evidence?” This question was met with an immediate objection from Carroll’s legal representative.
In response to this objection, Habba emphatically moved for a mistrial, asserting that evidence had been deleted. However, her plea was quickly shot down by Judge Lewis Kaplan. Kaplan not only denied the request but also instructed the jury to disregard Habba’s statements.
“Denied and the jury will disregard everything Ms. Habba just said,” Judge Lewis Kaplan said.
The core of Habba’s argument was an allegation that Carroll had deleted messages and threats she had received. These messages were critical, as they were intended to demonstrate the extent of damages Carroll claimed to have suffered as a result of Trump’s alleged defamation, Raw Story reported on Wednesday, January 17, 2023.
Habba pressed Carroll, questioning her about the deletion of these alleged death threats. “You said you receive death threats daily – but you deleted them until trial?” she asked. When Carroll tried to explain, the judge intervened, seeking clarification on what Habba was asking.
The questioning continued, with Habba probing into the timeline of when Carroll stopped deleting the death threats. Carroll revealed that she ceased this action during the second trial, which occurred in May 2023. This detail was a significant part of their discussion, underscoring the controversy over the handling of these threats and their relevance to the case.
This moment in court highlights the contentious nature of the legal battle, with intense scrutiny over evidence handling and the strategies employed by both legal teams. The denial of the mistrial request marks a pivotal moment in the case, setting the stage for further legal maneuverings as the jury deliberates on the defamation damages.
