The E. Jean Carroll case began with an attack on the petitioner from Donald Trump on his personal social media site, Truth Social. When the trial began, Carroll’s lawyer read the comments to the judge, who was furious with the defendant.
Trump’s lawyer said he’d address it with his client.
“Well, I hope you’re more successful,” Judge Lewis Kaplan said. He noted Trump “may or may not be tampering with a new source of potential liability. … And I think you know what I mean.”
Trump has already been warned about social media posts in another case.
“Well, I spent a lot of time in federal court when I was a clerk and saw a lot of high-profile trials during that time,” explained New York University Law School Professor Melissa Murray. “I don’t think I can ever recall a judge chastising a litigant in this way, making it very clear that the litigant was not to do anything that might provoke public outrage toward the jury or even to promote political violence.”
She went on to explain that it’s for that reason it does seem like “an unorthodox step” for the judge.
“But one that’s perhaps necessary given the unprecedented nature of both of these suits. He’s the judge in the E. Jean Carroll case but again, the fact that this is a litigant, who’s very prone to go on social media and incite his followers, I think is weighing heavily on both of these matters,” Murray closed.
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