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Tipsheet

Trump's Defamation Trial Has Been Delayed

AP Photo/Matt Rourke, File

The defamation trial of E. Jean Carroll v. Donald J. Trump has been delayed. Former and potentially future President Donald Trump has said he wants to testify. It was supposed to take place on Monday, the day before the New Hampshire primary that Trump is poised to win. However, The New York Times is reporting a delay after a juror fell ill. 

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Not only is a juror sick, but Trump attorney Alina Habba requested a delay due to the Republican primary in the Granite State. She herself was exposed to COVID-19 and has been experiencing symptoms despite testing negative. 

The trial had previously been delayed until Tuesday, but was ultimately delayed until Wednesday.

As the report mentioned:

Judge Lewis A. Kaplan granted Mr. Trump’s request to postpone the proceeding until Wednesday after his lawyer, Alina Habba, cited the Republican primary in New Hampshire on Tuesday. The trial had already been suspended for the day after the juror reported flulike symptoms.

Mr. Trump has said he wanted to testify, and Ms. Habba said in court that he would not be able to take the stand on Tuesday. In addition, Ms. Habba said she had been exposed to Covid during a visit to her parents; she said she had tested negative but was still feeling symptoms.

Reporting from The Hill mentioned that it was revealed on Monday that Trump was prepared to testify, but that the trial was adjourned due to a juror's illness:

Trump had shown up in the courtroom on Monday, with his lawyer saying he was prepared to take the stand, but U.S. District Judge Lewis Kaplan adjourned the proceedings over COVID-19 concerns that led him to send an ill juror home.

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The court’s update did not include a rationale, and it remains unclear whether skipping Tuesday was based on health concerns or a response to Trump’s request.

The question of whether Trump will testify has loomed large over the trial, with the former president signaling he will do so and attending much of the proceedings but having a history of backing out of testifying at the last minute.

After Trump entered the courtroom on Monday, his attorney, Alina Habba, indicated Trump was prepared to testify.

Kaplan, a Clinton appointee, agreed to Habba’s request to pause the trial after both she and a juror reported feeling ill. Habba indicated she was recently exposed to COVID-19 but had tested negative Monday morning.

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The trial has been delayed until Wednesday, though the report noted that Judge Lewis A. Kaplan "did not cite a reason for his decision to delay the trial until Wednesday in a late afternoon order."

Both reports mention that the legal team for E. Jean Carroll had wanted to continue on with the trial. 

Even though the delay for the trial until Wednesday may or may not be due to the request from Trump's team over the primary, this is still a positive for the likely nominee. He finished first in last week's Iowa Republican Caucus, and is expected to beat former South Carolina Gov. Nikki Haley in what's now a two-person race, as he looks to have the nomination even more so on lock.

There's also been notable relevance with the timing of Trump's criminal trials and what has been his frontrunner status all along in the Republican primary.

When it comes to charges brought by Special Counsel Jack Smith for Trump's actions on and leading up to the events of January 6, 2021, the trial was set for March 4, just one day before the Super Tuesday primaries where 16 states and territories would vote to select a nominee. It's looking increasingly likely that that trial will be delayed, though, as Trump's legal team has appealed decisions on Trump's legal immunity when it comes to his status as the former president.

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