Crybaby Trump

One cannot imagine that Judge Kaplan, or Trump's attorney Joe Tacopina, will be happy about this.

Currently on Truth Social, just before the jury gets the case.

(Note: Trump was repeatedly "allowed to speak and defend" himself — and chose not to testify.) pic.twitter.com/Kvxx1YYRa4

— Adam Klasfeld (@KlasfeldReports) May 9, 2023

I hate to play Trump-explainer, but his argument here isn’t that he didn’t get to testify. It’s that he’s not supposed to comment on the trial during the trial. Like he’s doing here.

Notice his emphasis on being a “current political candidate.”  He thinks, as some press reports “thought,” too, that is a “King’s ‘X’” that gives him special privileges.

It doesn’t.

Note also Trump says he will appeal “no matter the outcome.” This could be the ravings of an idiot who doesn’t understand the court system, or it could refer to “the Unconstitutional silencing of me.” I’m pretty sure it’s the latter. But he is not being silenced in violation of the 1st amendment.

The trial court has broad discretion and powers to control the conduct of a trial. They can order jurors to avoid information covered in the trial from sources outside the courtroom, going so far as to sequester juries if necessary. That power also applies to parties trying to influence the jury during trial from outside the courtroom. So the argument that Trump had his chance to speak in court is correct. Except he did speak in court, through his deposition. And if he had testified in court, that deposition would still stand as his testimony and be used to impeach him as a witness.

Trump is complaining he can’t speak of the case outside the courtroom. And he can’t. The court clearly has that power to insure a fair trial. Courts admonish parties in high profile cases to keep quiet as a matter of course. (I should add courts routinely charge the parties not to talk to witnesses during the trial, inside or outside of court. And, of course, no one talks to the jurors, except in court, and then only the lawyers, with certain restrictions.)

I’m pretty sure Trump is referring there to the reporters in Ireland who got him to sound off about coming back to New York “early”. (What was his schedule? Was it published? Was it carved in stone? Did he break a lot of appointments and scheduled meetings?) That’s the statement the judge reacted to most recently. Trump clearly doesn’t understand that just because he didn’t show, doesn’t mean he wasn’t in court. He’s going to find out his “1st amendment right” to campaign is going to yield to court appearances in multiple criminal cases. And he’s probably going to be subject to more gag orders, especially during trials.

Just getting done a hearing myself… if jury doesn’t have case yet, have Carroll’s lawyers moved for an instruction about his refusal to testify in the face of his constant social media and shouted out comments outside of court?

— Bonnie-Ann Keagy (@BKesquire) May 9, 2023

That’s the likeliest outcome in the short term, and I’ll be interested to see if we get good enough reporting on the charge to know if this issue is raised by the plaintiff and addressed by the court. Even if it isn’t reported, I’m sure it will be raised and an instruction given.

Trump has proved very docile in front of judges. He’s going to learn he’s in front of them even when he doesn’t want to be; and that playing a petulant three year old won’t get him anywhere.