Manhattan federal Judge Lewis Kaplan on Wednesday told Melania Trump understudy/Trump lawyer Alina Habba to sit down and shut up in a heated exchange ahead of rape victim EJ Carroll’s testimony in her defamation lawsuit against the Orange Caesar – who is present in the court.
Per Inner City Press’s Matt Russell, Kaplan opened by asking for an instruction brief to be submitted to the court, saying “I have the following questions of law after yesterday’s defense opening. Is mitigation of damages an affirmative defense? Is it waived? Is the defense even applicable to a defamation case? If so, which side has the burden of proof, and what must be proved to satisfy that burden. There is a NY Court of Appeals case, it is 226 NY1, Sun Printing… find it.”
To which Habba said “I would like to address what your Honor is recommending in writing overnight, you’re proposing an instruction, right?” and Kaplan said, I want briefs on Friday before 4pm.”
Habba then decided that was the right time to go all MAGA with “My client and I wish to point out Ms Carroll can sit in front of jurors every day… But my client has to choose between attending his mother in law’s funeral-” to which Kaplan cut her off with “I have ruled. Sit down.”
Then Habba started pushing her luck, saying “I don’t like to be spoken to that way. Please refrain. I am asking for an adjournment for a funeral.” Kaplan again said “Denied. Sit down.”
Carroll then began testifying and this is how it’s going:
RK: Is that what he did?
Carroll: No. He said my false accusation damaged the real victims of sexual assault, that is a lie
Habba: Objection
Judge Kaplan: On what ground? In one word
Habba: She is not a lawyer
Judge Kaplan: Overruled— Inner City Press (@innercitypress) January 17, 2024
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