Donald Trump’s Second Defamation Trial: Judge Kaplan Rebukes Alina Habba Repeatedly

On Wednesday, Donald Trump’s second defamation trial against E. Jean Carroll commenced, igniting a series of fiery clashes between the presiding judge, Lewis Kaplan, and Trump’s attorney, Alina Habba. Judge Kaplan displayed visible frustration with Habba’s conduct, issuing stern rebukes and providing strict instructions on proper courtroom decorum.

Judge Kaplan’s Rebukes of Alina Habba:

1. “Sit Down”:

As Habba interrupted Carroll’s direct testimony, Judge Kaplan promptly ordered her to “sit down,” asserting his authority in the courtroom.

2. “No Sidebars”:

Habba’s request for a sidebar discussion was swiftly denied by Judge Kaplan, who maintained control over the proceedings.

3. “I Make the Rulings Here”:

When Habba attempted to make announcements regarding her intended actions, Judge Kaplan firmly stated that he, not the lawyers, makes the rulings in the courtroom, establishing his position as the ultimate authority.

4. “We’re Going to Do It My Way”:

During cross-examination, Habba struggled to follow proper procedure for introducing deposition transcripts. Judge Kaplan expressed impatience, demanding that she adhere to his instructions, emphasizing his authority in conducting the trial.

5. “Elaine’s Restaurant Closure”:

Habba’s questioning of Carroll about her social life in the 1980s included a reference to Elaine’s restaurant, which had closed years ago. Judge Kaplan pointed out the error, demonstrating his attention to detail and ensuring the accuracy of the proceedings.

6. “Neither Do I”:

Carroll’s lawyer objected to Habba’s questioning regarding the title of Carroll’s book, “Female Difficulties.” Judge Kaplan remarked that he also did not understand the relevance of the question, aligning himself with Carroll’s lawyer’s objection.

7. “No Representations”:

Habba’s attempt to make representations during questioning was met with Judge Kaplan’s firm statement that lawyers are not permitted to make representations and should instead ask questions, reinforcing the proper conduct of attorneys in the courtroom.

8. “Guess What? You May Not Read from a Document That’s Not in Evidence”:

Habba’s effort to read from a tweet that was not yet admitted into evidence prompted Judge Kaplan to reprimand her, emphasizing the importance of following established rules and procedures.

9. “Why Don’t You Do It in the Normal Way?”:

Habba’s fumbled attempt to introduce evidence led Judge Kaplan to instruct her on the proper procedure, demonstrating his commitment to maintaining order and ensuring a fair trial.

10. “I Ruled on That in the Sidebar”:

Despite a sidebar agreement, Habba asked questions about the believability of Trump’s sexual assault on Carroll, contradicting a prior jury’s verdict. Judge Kaplan sustained Carroll’s lawyer’s objection and reminded Habba of the sidebar ruling, upholding the integrity of the trial’s proceedings.

11. “You Don’t ‘Introduce’ Evidence That’s Already in Evidence”:

Habba’s mistaken attempt to introduce evidence that was already admitted was met with Judge Kaplan’s correction, emphasizing the need for proper procedure and clarity in the presentation of evidence.

12. “Argumentative and Inappropriate”:

Judge Kaplan sustained Carroll’s lawyer’s objection to Habba’s question about Carroll’s media appearances, deeming it argumentative and inappropriate, ensuring that the questioning remained relevant and respectful.

13. “Don’t Even Start”:

Habba’s attempt to ask questions about Carroll’s gun license was interrupted by Judge Kaplan, who warned her against delving into legal conclusions, upholding the boundaries of permissible questioning.

14. “You’re Running the Repeat Key”:

Judge Kaplan cautioned Habba against repeating questions that had already been asked and answered, emphasizing the need for efficiency and avoiding unnecessary repetition in the proceedings.

15. “We’re Way Outside”:

Habba’s line of questioning regarding Carroll’s associations with anti-Trump personalities was deemed irrelevant by Judge Kaplan, who sustained Carroll’s lawyer’s objection, ensuring that the trial remained focused on the relevant issues.

In conclusion, the first day of Donald Trump’s second defamation trial was marked by Judge Kaplan’s repeated rebukes of Alina Habba’s conduct in the courtroom. Habba faced criticism for her interruptions, attempts to make representations, improper questioning techniques, and failure to follow established procedures. Judge Kaplan’s interventions served to maintain order and ensure that the trial proceeded in accordance with legal norms.