Trump gets bad news amid effort to appeal $83 million verdict

The Legal Breakdown with BTC & Glenn Kirschner

27 Jan 202409:39

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.