Trump gets bad news amid effort to appeal $83 million verdict
Summary
TLDRLegal experts Glenn Kirschner and Brian Tyler Cohen analyze a court case in which Donald Trump was ordered to pay E. Jean Carroll $83 million in damages for defaming her. They discuss the appeals process, noting it will likely take 6 months to a year. They also examine whether Trump will be able to post an appeal bond to avoid paying immediately, given his lack of sufficient assets. Additionally, they critique Trump lawyer Alina Habba's poor performance in court and doubt Trump has learned his lesson about attacking Carroll.
Takeaways
- 😲 Trump was ordered to pay $83 million in damages to E. Jean Carroll
- 🤔 Trump will likely appeal, but may have difficulty posting an appeal bond
- 💸 Trump would need to put up $83 million in unencumbered assets for a bond
- 🏛️ The appeals process could take 6 months to a year
- 🚫 The Supreme Court is very unlikely to hear Trump's appeal
- 😠 Trump attacked the judge and Biden, but not Carroll, after the verdict
- 🤥 Habba's poor performance further damages her reputation as a lawyer
- 💡 Carroll could potentially file another defamation suit against Trump
- 📺 Cohen and Kersner will continue covering the case on their YouTube channels
- 💰 The total awards from both trials against Trump total nearly $90 million
Q & A
What typically happens with the money damages awarded if the losing party appeals?
-Ordinarily the losing party can put up an appeal bond so they don't have to start paying out the money damages until the appeal concludes. But most appeals fail, so the bond has to cover 100% of the award amount in case the losing party ultimately has to pay.
Why might it be challenging for Trump to find someone to put up an appeal bond for the $83 million judgment?
-Because Trump would likely have to pledge $83 million worth of unencumbered assets to secure the bond, since he's notorious for not paying debts. So the bondsman risks losing that much money if Trump's appeal fails.
Could Trump just put up 10% of the $83 million judgment as a money bond?
-No, because there's a very high chance he'll lose the appeal and owe the full amount. So a bondsman would likely require 100% collateral.
What court would hear Trump's appeal of this judgment?
-The federal circuit court of appeals, since this was a federal case tried in New York.
How long might the appeals process take?
-The federal appeals courts tend to move faster than state courts. But it will likely still take 6 months to a year to get a final ruling.
Does this verdict hurt Trump lawyer Alina Habba's reputation?
-No, because she didn't have much of a reputation as a real lawyer to begin with. She's seen more as a PR flack.
Why didn't Trump attack Carroll in his comments about the verdict?
-Possibly because attacking her again could prompt Carroll to file another defamation lawsuit using his statements as evidence.
What was the damages award progression over Carroll's two trials?
-The first trial awarded Carroll $5 million. The second trial awarded her $83 million. So the total is nearing $90 million now.
Could there be further lawsuits between Trump and Carroll?
-Yes, Trump's continued attacks on Carroll during the latest trial could potentially form the basis for a third defamation suit if she chooses to pursue it.
What happens if Trump loses his appeal?
-If the appeals court affirms the $83 million judgment, Trump would have to pay Carroll that amount, unless the Supreme Court chose to hear the case. But that's very unlikely.
Outlines
😊 Overview of Trump's responsibility to immediately pay $83M damages and possibility of posting appeal bond
Trump was ordered to pay $83M in damages to E. Jean Carroll. Ordinarily he could post an appeal bond to delay payment during appeals. But he likely can't find someone to fully guarantee the bond due to his reputation, so he may have to start paying immediately. He could try to raise the full $83M from supporters but that seems unlikely.
😀 Details on timeline and process for Trump's appeals
Trump will appeal to the federal appeals court. It will likely take 6-12 months for a final ruling there. The case won't reach the Supreme Court. His lawyer Alina Habba performed poorly, violating rules and lacking legal skills, so hiring her is risky. Trump already attacked the judge but notably did not attack Carroll, perhaps learning his lesson.
Mindmap
Keywords
💡defamation
💡damages
💡appeal
💡appeal bond
💡money judgment
💡defame
💡appeals court
💡reputation
💡Supreme Court
💡third defamation suit
Highlights
Carroll awarded $83 million in damages from Donald Trump.
Trump will likely appeal, but challenging for him to avoid paying damages immediately without someone to post a bond.
Appeal bond would likely need to be 100% of damages amount due to risk of Trump not paying.
Trump may lack sufficient unencumbered assets to post $83 million appeal bond.
Appeal to federal circuit court likely to take 6 months to 1 year for final ruling.
Supreme Court unlikely to accept review of this civil defamation suit.
Habba's reputation as a lawyer already damaged from poor performance in trial.
Trump defamed Carroll again during trial, potential basis for third lawsuit.
Trump conspicuously did not attack Carroll in response to verdict this time.
Carroll won nearly $90 million combined from two trial verdicts.
Trump's continued defamation of Carroll during trial admissible as evidence.
Unclear if Carroll wants a third trial, despite likely winning again.
Trump took only 24 hours to defame Carroll again previously.
Trump could face another lawsuit if he defames Carroll again now.
Outcome of any Trump appeals to be closely watched.
Transcripts
you're watching the legal breakdown so
Glenn Donald Trump was just hit with a
staggering $83 million in Damages that
he has to pay to egene Carroll now first
of all he's already said that he'll
appeal what happens with the money in
the event of an appeal does Donald Trump
have to pay it immediately or does that
does that get put on hold until the
appeals process is done yeah great
question ordinarily somebody can put up
what's called an appeal Bond so that you
know the losing party Donald Trump in
this case doesn't have to start paying
out on that $83 million money damages
judgment that the New York jury just
awarded to eege Carrol but here is the
really challenging part for Donald Trump
ordinarily when you put up an appeal
Bond because the overwhelming majority
of cases on appeal get affirmed in other
words ultimately at the end of the day
when the appeal has concluded the losing
party generally has to pay um because of
that if somebody is going to guarantee
it is if somebody's going to put up a
bond for Donald Trump he would have to
pledge 100% of the value of the money
judgment in some kind of unencumbered
property I know that sounds like a
mouthful but basically he's going to
have to put up $83 Million worth of
assets that don't have any leans that
don't have any loans that he doesn't owe
a mortgage on for example in order to
guarantee
that if at the end of the appeal he
loses that the person who put up the
bond for him is not going to be out
millions and millions and millions of
dollars so I think the challenge for
Donald Trump will be who in the world
can he go to that will put up this bond
for him if he can take $83 Million worth
of his stuff and basically put it in
trust to guarantee that the bondsman
will not lose his or her shirt it's a
little bit of of a complex issue there
are lots of moving pieces but as of
right now I don't know if Donald Trump
is going to be able to stop or pause
having to begin paying out on this money
judgment that's something we're going to
learn more about in the days and weeks
to come Glenn just a quick question kind
of in the weeds a little bit here but
why why does he have to put up a bond um
backed by assets and why not just backed
by money like a money Bond yeah so you
can put up a money Bond and ordinarily
when you put up a money Bond you know
you're generally required to put up like
10% to kind of you know guarantee that
you know you're you're not going to flee
you're going to make good on the payment
when the time comes but but the problem
is you know if you go to the American
Bar association's discussion of appeals
bonds because the overwhelming majority
of the appeals are um are affirmed in
other words Donald Trump at some point
will have to pay out chances are he'll
have to pay out the whole 8 83.3
million um he could certainly take $
83.3 million and put it in trust to
guarantee that there will be a
sufficient pot of money to pay out at
the end of the day I don't think there
is a bondsman or an institution or an
insurance company in the world though
that will let him put up just 10% for
example I mean Donald Trump is notorious
for not paying his debt
so that's why you either I I would
suspect have to put up collateral like
real estate real property to secure that
Bond or if you want to find $83 million
and put it in trust so that there is
enough of a pot to satisfy that money
Judgment at the end of the day then I'm
sure somebody would be willing to put up
the bond but do you really think Donald
Trump has $83 million in loose change
that he can hold in trust to satisfy the
Judgment now we know what he's going to
do Brian he's going to turn supporters
and say look you know this was a Witch
Hunt this is unfair this is the Deep
State going against me this is a
horribly biased judge so here's what I
need yall to do I need you to send me
money that tallies up to $
83.3 million I have to believe that even
his base even his supporters are not
going to be willing or able to donate
83.3 million to Donald Trump yeah
nothing quite like a self-proclaimed
billionaire begging for scraps from his
base all the while calling himself a
populist I mean it just uh you couldn't
write it any any better than that Glenn
what is the appeals process now and how
long could this take from from beginning
to end and the end I'm assuming would be
Trump's inevitable appeal or effort to
appeal this thing up to the US Supreme
Court yeah the good news leaping forward
to the Supreme Court question I don't
think there's a chance on Earth that the
Supreme Court is going to accept review
of a civil suit a defamation suit where
you know money damages have been awarded
there's just no constitutional issue
involved there but he will appeal and
he'll appeal to the federal circuit
court of appeals because this was a
federal case in New York the good news
is the federal appeals courts are pretty
good pretty diligent about working
through their appeals in a timely manner
I think the state courts maybe move a
little slower primarily because they are
underst staffed and underresourced and
they have so many appeals that they have
to contend with but I suspect you're
going to see this thing move through the
Appellate process however you're
probably not going to see a final ruling
out of the federal circuit court of
appeals for I'm going to say six months
to a year okay now does this devastating
result and it was devast I mean this
this went from $5 million in the first
trial to $83 million in the second trial
if the guy does it again God knows how
much money he's going to be out but does
this devastating results for Trump's
lawyer Alina Haba have any impact on her
reputation as an attorney or was that
reputation already in the toilet the
moment she that she decided to make
herself a trump mouthpiece yeah not to
be snarky but the question is what
reputation I mean we saw judge Kaplan
you know ride her something fierce
because she didn't know how to conduct
her self in court she didn't know the
rules of evidence she didn't know how to
get a document admitted so that it could
go to the jury she violated the judge's
restrictions over and over and over
again you know she really is a PR Flack
she doesn't behave like a lawyer she
doesn't perform like a lawyer but will
she still be sought after in Maga world
will others perhaps want to hire her to
do for them what she did for Donald
Trump well what she did for Donald Trump
was lose him over 80 million when egene
Carroll was seeking 10 million so I
think you hire Elena habba at your own
Peril let's finish off with this Glenn
uh Donald Trump obviously already lashed
out um at the judge in this case and
also at Joe Biden somehow claiming that
Joe Biden was responsible for a jury uh
awarding awarding egene Carol $83
million but that's neither here nor
there um conspicuously absent in his
screed was any attack against egene
Carroll do you think he's learned his
lesson now do you think Donald Trump is
capable of learning from his mistakes I
doubt it but I noticed the same thing
that you did Brian he kept his his big
trap shut about egene Carol when he
started posting about the jury verdict
but I have a couple of thoughts about
that first of all he continued to defame
indeed Savage egene Carol during the
course of this trial guess what all of
that could serve as the basis for yet a
third defamation suit because it is only
the defamatory statements he made up
until the time she filed this suit that
were included in the suit proper now
some of the other defamatory statements
that Donald Trump was making during the
course of the trial did come into
evidence but they came in to evidence as
what's called 404b other misconduct that
kind of reinforces what Donald Trump has
been doing do I suspect that egene Carol
wants to go through a third round of
defamation trial with Donald Trump after
she's won almost $90 million in Combined
money damages when you take the two
awards from the two trials together I
can't imagine she does but you know what
if she does she'll probably win a third
judgment against Donald Trump and uh it
remains to be seen because last time it
took Donald Trump all of 24 hours before
he defamed her again that would
ultimately serve as the basis for this
second defamation lawsuit so uh you know
jury's still out uh so to speak in terms
of what Donald Trump will do from here
but so we'll obviously stay on top of
any appeals that happen in this case uh
with that said for those of you who want
to stay on top of this case please make
sure to subscribe the links to both of
our channels are right here on this
screen I'm Brian tyer Cohen and I'm
Glenn kersner you're watching the legal
[Music]
breakdown
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