Former President Donald Trump’s legal team, led by attorney Alina Habba, has once again requested a mistrial in the defamation case brought by writer E. Jean Carroll. This request is based on Carroll’s admission during cross-examination that she deleted emails containing death threats, stating it was the most expedient way to remove them from her life. Despite a previous denial of a mistrial request by Judge Lewis Kaplan, Habba argued in a court filing that Carroll’s deletion of emails violated federal rules and, if a mistrial is not granted, Carroll should face restrictions on damages related to the death threats or an adverse inference charge.
In a court filing on Friday, Trump’s lawyer renewed the mistrial request, emphasizing Carroll’s acknowledgment of deleting emails with death threats during her cross-examination on Wednesday. Carroll justified her actions, stating it was the most efficient way to eliminate them from her life. Despite Habba’s mid-trial mistrial request on the same grounds, Judge Lewis Kaplan promptly denied it and instructed the jury to disregard the statement.
Habba’s filing contends that Carroll’s deliberate deletion of email messages, allegedly containing death threats against her, constitutes a violation of federal rules of civil procedure, specifically regarding the failure to preserve evidence. Should a mistrial not be granted, Habba argues that due to Carroll’s willful violation of discovery obligations and spoliation of relevant evidence, she should either be precluded from receiving damages related to the death threats or face an adverse inference charge.
Carroll seeks $10 million in damages for Trump’s alleged defamation, along with unspecified punitive damages.
In 2019, Carroll accused Trump of sexual assault in an article published by New York Magazine, alleging an incident in a Bergdorf Goodman dressing room in the 1990s. Trump denied the claims, attacked Carroll’s character, and accused her of using the allegations to boost book sales. Carroll subsequently sued Trump for defamation, citing emotional distress and harm to her reputation. In 2022, Carroll filed another lawsuit, alleging sexual assault and defamation based on Trump’s comments that year. A jury found Trump liable for defamation and sexual assault, ordering him to pay $5 million in damages. Trump’s attempt to claim presidential immunity was unsuccessful.