Donald Trump Should Not Be Forced to Testify Under Oath, Claims Alina Habba

Donald Trump, leading the charge in the 2024 GOP presidential primary, is confronted with a second defamation trial initiated by E. Jean Carroll, a former columnist for Elle magazine. The trial is set to commence on January 16, aiming to determine the financial implications for Trump. Simultaneously, Alina Habba, Trump's lawyer, presented an argument in a Sunday court filing asserting that he shouldn't be compelled to testify under oath in response to Carroll's defamation case. This was reported by Newsweek, shedding light on Habba's response to the proposals made by Carroll's legal team. She stated, "President Trump cannot and should not be made to testify under oath in any particular affirmative manner."

In a civil trial that wrapped up in May, it was determined that Trump was responsible for both sexually abusing and defaming Carroll, resulting in her being granted $5 million in damages. The defamation claim against Trump stems from his previous denial of sexually assaulting her at a Bergdorf Goodman store in 1990s New York City. Back in 2019, the former president asserted that Carroll was not his type and alleged that she fabricated the accusation. These events resurfaced in a recent barrage of social media posts directed at Carroll by Trump.

With her legal action, Carroll is pursuing a compensation of $10 million. Trump, in response, contended that his numerous legal challenges, including several civil suits and 91 felony criminal charges, are all components of a 'witch hunt' orchestrated by Democrats, according to Newsweek. On the other hand, Roberta Kaplan, Carroll's attorney, urged U.S. District Court Judge Lewis Kaplan on Friday to establish specific guidelines concerning Trump's testimony and conduct. Kaplan referenced the former President's past behavior during his civil fraud trial in New York as part of the request.

Carroll's legal representatives have also insisted that Trump be mandated to make an official statement under oath. It said, "He understands that it is established for purposes of the trial that he sexually assaulted Ms. Carroll and he spoke falsely with actual malice and lied when accusing her of fabricating her account and impugning her motives, and that Mr. Trump further understands and accepts all of the limits that the Court has imposed on his testimony in this action and will conduct himself in the courtroom in accordance with those limitations." In response, Habba addressed Carroll's legal team's request by composing a letter.

Carroll's team made the request regarding Trump's conduct with the understanding that the former President might testify during the jury trial, although attendance is not mandatory for him. Meanwhile, MSNBC legal analyst Lisa Rubin highlighted on X, formerly Twitter, that Habba's response on Sunday morning did not clarify whether Trump would comply with court orders. She stated, "While her response features many Trumpian turns of phrase, note what she never says: that he will abide by the court's orders regarding what evidence and arguments are admissible."