Legal Expert Breaks Down How E. Jean Carroll Case Affects Trump’s Dual Challenges

In a recent op-ed for MSNBC, Lisa Rubin, a legal correspondent and ex-litigant, discussed how former President Donald Trump’s approach to the E. Jean Carroll cases reflects his “twin pillars” of messaging: “martyrdom and misogyny.”

Currently the GOP’s presidential nominee, Trump attended an appeals hearing on Friday for the first of two civil lawsuits filed by Carroll. In May 2023, a jury held Trump accountable for sexual abuse and defamation and ordered him to pay Carroll $5 million. A separate ruling in January 2024 imposed an additional $83.3 million in damages for derogatory comments he made regarding that case.

Carroll, a former writer for Elle, accused Trump of sexually assaulting her in a Bergdorf Goodman department store during the 1990s, followed by defamation when Trump claimed she was not his “type.”

According to Rubin, Trump’s behavior during court and his subsequent comments align perfectly with his themes of victimhood and disdain for women. She noted that he strategized his silence during the trial to voice his grievances afterward, attempting to counter Vice President Kamala Harris’ portrayal of him as a “sexual abuser.”

Post-hearing, Trump hosted a press conference at Trump Tower where he publicly criticized his legal team. “I’m disappointed in my legal talent, I’ll be honest with you,” he remarked, raising questions about their strategy, particularly their omission of discussing DNA evidence connected to a dress Carroll allegedly wore during the incident.

Trump’s lawyer, Will Scharf, maintained that Carroll’s story was weak, branding it a “he said-she said” scenario.

Donald Trump

Getty Images/Michael M. Santiago

During the press conference, Trump reiterated his denial of the allegations: “I didn’t show up, and I was found guilty for something I did not do with a woman I have never seen, touched, or been involved with.” Such statements could add to his legal woes, given the significant judgments against him for defamation.

Rubin noted how Trump’s courtroom antics and press conferences simultaneously foster his narrative of victimization while energizing his supporter base and aiding fundraising efforts. Historically, such a strategy has proven to yield significant campaign contributions during critical legal moments.

For instance, Politico reported that one of Trump’s biggest fundraising days in early 2024 coincided with a hefty move by New York Attorney General Letitia James in her civil fraud case against him. Similarly, over a third of the $141 million he raised in May came within 24 hours of a felony conviction related to hush money payments. Trump continues to assert his innocence in both matters.

However, this fundraising approach is not without its fluctuations. In August, when Trump faced fewer legal challenges and received a favorable Supreme Court ruling on presidential immunity, his campaign contributions notably dropped. During that timeframe, Vice President Harris’ campaign outpaced Trump’s significantly, raising $361 million versus his lower total.

As the 2024 presidential election heats up, Rubin emphasized that Trump’s legal troubles remain a crucial element of his campaign strategy. “Trump and his campaign advisors are acutely aware of the complex connection between his perceived victimization from legal issues and his appeal to his base,” she concluded.

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