English Majors For The Win!

Judicial notice! https://t.co/gRPvbBvbMh

— George Conway 🌻 (@gtconway3d) April 27, 2023

Of course, it may be that the judge is merely literate, but that's a win, too! (And by the way, yes, it's going well for Tacopina. And yes, like Swift's famous essay, that's sarcasm):

Tacopina pointedly asked whether she never came forward until she wanted to sell a book.

Carroll denied a link, saying that the actual timing was the NYT exposé of Harvey Weinstein. Her powerful comments on #MeToo and women around the country sharing their stories followed.

— Adam Klasfeld (@KlasfeldReports) April 27, 2023

Tacopina (paraphrase): Is Mr. Weinstein in jail?

Objection.
Sustained.

— Adam Klasfeld (@KlasfeldReports) April 27, 2023

It's been noted all over legal Twitter that, without Trump's testimony, Tacopina has to present his defense through this cross-examination. Having the judge diss your questions, or stifle them, is not considered a winning legal strategy. Nor can this be, really:

Carroll says she recalls they were in the middle of a "juicy" conversation, but pressed by Tacopina, she can't recall what was juicy about it.

(On direct, Carroll said it was from the 1980s.)

— Adam Klasfeld (@KlasfeldReports) April 27, 2023

Carroll's lawyers will have little trouble introducing Trump's deposition testimony about that picture now; and even less trouble setting it up for the jury as part of their narrative.

Judge Kaplan shoots down a couple of Tacopina's questions following objections — and reminds him this isn't closing arguments.

After Tacopina protests, the judge snaps: "The ruling is the ruling, not the start of an argument."

— Adam Klasfeld (@KlasfeldReports) April 27, 2023

The picture is not the point here; continuing objections to Tacopina's questions are. This is not fatal; but it is part of a death by a thousand cuts. You don't win a lot of jury sympathy, usually, by sparring with the judge. Jurors may not now what the grounds for the objection are, but they are more likely to think you're being an asshole, than not.