Trump Skips His Own Trial
Donald Trump was a no-show at the start of a New York defamation trial that puts the former president in the hot seat.
Former Elle writer E. Jean Carroll is suing the former president over allegations that he defamed her character when he denied sexually assaulting her in a Bergdorf Goodman dressing room in New York City in the mid-1990s, including insulting her appearance.
The lawsuit is one of many that Trump faces. The former president also was recently indicted by a grand jury in Manhattan and faces 34 felony counts of falsifying business records in the first degree for allegedly making hush money payments to adult film star Stormy Daniels before the 2016 election.
Trump has repeatedly denied any wrongdoing in connection to the alleged rape and defamation claims.
Jury selection for the defamation lawsuit began Tuesday, despite Trump's legal team's best efforts to postpone it. Carroll arrived at the courthouse to chants of "We believe E. Jean Carroll". Neither party was required to attend the trial, but experts told Newsweek that it could be beneficial for Trump to appear by assisting his lawyers or establishing a sense of familiarity with the jury.
"The absence of a party to a lawsuit at trial is always noticed by jurors. That truism will apply to the Carroll/Trump case. Whether Trump makes a cameo appearance during the trial represents an important choice for Trump," former federal prosecutor and former elected state attorney Michael McAuliffe told Newsweek.
"The plaintiff will be in attendance and will undoubtedly testify. If her testimony is credible to the jury, the absence of the defendant in the proceedings will take on increased significance. Absence could telegraph that one doesn't care about the proceedings."
However, on the first day of the trial, Trump was notably absent. McAuliffe said that by attending, Trump would be the center of attention, such as allowing Carroll's attorney to use his presence as a focal point during arguments. This could serve as the reason Trump doesn't attend.
"Trump and his legal team won't allow that to occur even if Trump's absence comes at some cost," McAuliffe said.
Neama Rahmani, an attorney and former federal prosecutor, believes that Trump missing the trial will not benefit the former president's case.
"Trump not attending can only hurt his case. Jurors see trials on television and expect the parties to be present. Even though Judge Kaplan may instruct the jury that there is no legal requirement for Trump to be present, jurors may think that Trump doesn't take the allegations seriously and be more inclined to rule against a party who is not present," Rahmani told Newsweek. "Deposition testimony is also less effective than live testimony if Trump refuses to testify at trial."
A spokesperson for Trump's campaign told Newsweek that the trial was the result of "deranged Democrats" trying to interfere with the 2024 presidential election.
Earlier this month, federal judge Lewis Kaplan requested that Carroll and Trump inform the court in writing whether they planned to attend the trial by April 20. The judge stopped short of legally requiring either person to be present.
However, on the day of the deadline, Trump lawyer Joe Tacopino told Kaplan that Trump hadn't yet decided on attending. Tacopina requested that the jury be told Trump wanted to spare the courthouse and New York City from "logistical burdens," such as requiring Secret Service protection and diverting traffic, if the former president opted not to attend.
Kaplan denied Tacopina's request, claiming that the Trump had "ample time" to make necessary arrangements.
It is unclear if Trump plans to attend at any point in the trial. He did attend a deposition related to the trial.
Update 04/25/23 3:43 p.m. ET: This article was updated with comment from Neama Rahmani and a spokesperson for Trump's campaign.
