Delay of Trump defamation trial due to illness, not election interference
In this courtroom sketch, Monday, Jan 22, 2024, Donald Trump’s attorney Alina Habba, standing, addresses Judge Lewis Kaplan, upper right, asking if Trump’s testimony could be delayed until Wednesday because of the New Hampshire primary, while Carroll’s lawyer pressed for the trial to resume Tuesday, Donald Trump seated far left, in Federal Court, in New York. Social media users are falsely claiming that Kaplan postponed the proceedings until Tuesday, which is proof of election interference. (Elizabeth Williams via AP)
CLAIM: A judge on Monday delayed proceedings in former President Donald Trump’s New York defamation trial until Tuesday, the day of the New Hampshire primary, which is proof of election interference.
AP’S ASSESSMENT: False. The trial was delayed on Monday because of a juror’s illness. Although the judge did not rule on when proceedings would resume before court was adjourned, a filing later that day said they would continue on Wednesday. It did not specify whether the timing was due to the primary schedule or to illness.
THE FACTS: Ahead of Trump’s possible testimony in his defamation trial over comments he made about E. Jean Carroll, the writer who claims he sexually assaulted her in the 1990s, social media users are misrepresenting the postponement as a nefarious attempt to interfere with the 2024 presidential election.
“BREAKING: The judge in Trump’s E. Jean Carroll defamation trial just delayed todays trial until tomorrow — the day of the NH primary,” reads one post on X, formerly Twitter. “ELECTION INTERFERENCE!” The post had received more than 5,500 likes and shares as of Tuesday.
But the decision to delay the proceedings is unrelated to the election. A juror’s illness forced the last-minute change.
U.S. District Judge Lewis A. Kaplan announced on Monday that one of nine jurors was told to go home and take a COVID-19 test after he reported feeling hot and nauseous. Trump attorney Alina Habba also reported that at least one of her parents has COVID-19 and that she ran a fever in the last two days after having dinner with them several days ago.
Habba said that her law partner, Michael Madaio, also attended the dinner, although both tested negative for the virus Monday. She then said she didn’t see a problem “with a short delay for a day” so everyone can get tested, but requested the trial not be held Tuesday because of the New Hampshire primary.
Kaplan did not immediately rule on the request, telling Habba that “circumstances may result in you getting what you ask for, and maybe not.” Carroll’s lawyer pressed for the trial to resume Tuesday, if possible.
A court filing late Monday stipulated that the trial had ended early that day and would continue on Wednesday. It reiterated: “Trial will not be held on Tuesday, 1/23/2024.”
The filing did not, however, say whether the timing was to allow the Republican frontrunner to campaign in New Hampshire or if illness was to blame. Asked for specifics by The Associated Press, the Southern District Court of New York declined further comment.
A different jury awarded Carroll $5 million last year after deciding that Trump sexually abused her in 1996 and made defamatory comments about her in 2022. Trump is appealing that verdict. Carroll’s defamation claims were divided between two lawsuits. Hence this second trial, where she’s seeking more than $10 million in damages.
Trump is facing four criminal cases and a civil fraud case in addition to Carroll’s lawsuit as the presidential primary season swings into full gear.
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This is part of AP’s effort to address widely shared misinformation, including work with outside companies and organizations to add factual context to misleading content that is circulating online. Learn more about fact-checking at AP.