e. jean carroll civil rape trial against donal trump. quote, the case is ms. e. name, to pursue justice and ge her life back that was part of th opening statement from e. jean carroll's lawyer to explai while she is taking donald trump to court e. jean carroll, a writer, i now trump raped her in the dressing room of a new yor city department store in the 1990s and then defamed her whe she went public with his allegations in 2019. she, like many victims, did no reported to the police at th time but even though the statute of limitations has expired for criminal investigation and criminal charges, e. jea carroll is able to sue donal trump for the rape in civi court under a 2022 law in ne york that opened a one-yea window for adult victims o sexual offenses. today, six me and three women were selecte to the jury who heard th opening statements from both e jean carroll and zone trump' lawyers. this jury will determine whether to award damages to e. jean carroll if they find al trump liable for assaulting he and for defaming her and we will discuss what the standard is

e. jean carroll you need to call the police. you've been raped. a couple days later, however e. confided in a second person. carol martin and carroll said to her, e jean carroll, you can't tell anyone this is donald trump he's a real estate tycoon. he will to show you. and that is the advice that e. jean carroll took until -- motivated to share her story and come forward >> walk me through - we should say, we are expectin testimony from those women >> we are. are we expecting testimony fro both those women and we ar also expecting testimony fro e. jean carroll as early a tomorrow >> wow >> the trump lawyer, tacopina, who people have probably see on air here, what was his th nature of his opening argument >> - he made e. jean carroll this up she made this up with lis burn bach and carol martin they are three people who ar motivated by three things. money, politics, and attention and you will see, according to joe tacopina, their story fall apart because of inconsistencies and among th three of them. >> we should say, this happene in 1996. so, we are already talking about something

e. jean carroll, you need to call th police you've been raped. a couple days later, however e. an carroll, confided in a second person. carol martin and carroll said to her, e jean carroll, you can't tell anyone this is donald trump he's a real estate tycoon. he will to show you. and that is the advice that e. jean carroll took until -- motivated to share her story and come forward >> walk me through - we should say, we are expectin testimony from those women >> we are. are we expecting testimony fro both those women and we ar also expecting testimony fro e. jean carroll as early a tomorrow >> wow >> the trump lawyer, tacopina, who people have probably see on air here, what was his th nature of his opening argument >> -- said tha e. jean carroll made this up she made this up with lisa birnbach and carol martin. suing donald trump but he convinced there too and he recommended - >> objection, your honor >> sustained -- roberta kaplan, who is the attorney here. objection, your honor. -- sustained, the jury to disregard that -- out of order, but it's clear what they are trying to do

e. jean carroll. they will say there is a problem in the lack of specificity. e. roll does not know the day, the time of year, does not even know the year. she claims it was 1995 or 1996. they are going to say that means donald trump can't defend himself. if she pinpointed a day, who knows, maybe trump was out of town that a day, maybe he has an alibi witness. they're going to argue she's been supported and spurred on by political opponents of donald trump and there's some truth to that. doesn't mean she's lying, but it certainly is fair game for the jury to take into account. >> carroll's attorneys know all of this. >> yes. >> how do they protect themselves against that line from the trump team? >> i think they're going to argue you have to look at all the factors, the corroborating witnesses. i think the two witnesses she told at the time will be important. i think they're going to say he is not shhere, he didn't have t guts to take the stand and subject himself to cross-examination unlike -- i'm playing the role here -- unlike my client, e. jean carroll, who sto

e. jean carroll, that's right. there will be no criminal sanction whatsoever, and one question will be what political consequence does he suffer from that and another question is what does that mean for the many survivors who are watching >> and it's a narrative of accountability can you call it accountability if someone is paying and has a reputational harm but the harm is not sizable enough to prevent them from running for president. >> i've been using the term a measure of accountability because civil justice is a form of justice, and it's certainly legal accountability, which we have not seen with respect to any of these allegations against trump to this point. so, you know, for many watching it would feel like progress, and yet, of course, it's different from a criminal prosecution, and many will wonder, you know, why that's all the consequence he's going to suffer. i think for e. jean carroll if the jury believes her, that will be hugely meaningful for so many women who come forward with accusations, and most

e. jean carroll's lawyer describing wh she is taking donald trump t court. e. the dressing room of a new yor city department store in 1990's, and then defamed her when sh went public with those allegations in 2019. she, like many victims, did no reported to the police at th time, but even though th statute of limitations has expired for a criminal investigation and criminal charges, e. jean carroll i able to sue donald trump for the rape in civil court under 2022 law in new york tha opened a one-year window for adult victims of sexua offenses today, six men and three women were selected to the jury wh third the opening statements from both eugene carroll and donald trump's lawyers this jury will determine whether to award damages to jean carroll if they fin donald trump liable fo assaulting her and for defamin her. now, we're going to discus what the standard is for finding him liable with ou lawyers in just a moment donald trump did not appear in court today. he is not expected to testify. he sat for a taped depositio in october, which e. jea carroll lawyers sa

e. jean carroll owns the fact that she's an imperfect rape victim. in the fact there is no perfect rape victim. if you spend type of we are in an expert in excess will assault, one of the things they will tell, you assault victims and other people who've experienced massive traumas in their life, they don't tell stories in a particularly linear way. they don't remember details that most of us would remember about memorable moments of our lives. yet, others for them over securing and painful and vivid. like, smell, or noise. but it's no accident, e. jean carroll said, i don't remember the date, i don't remember the season, i don't remember the year. and yet, i remember exactly how it is that the assault went down, moment by moment. in terms of walking through the store, what was supposed to be this hilarious, funny lock of a story, suddenly turned into something very, very different. >> you know, i keeping struck by her composure and wit in what i read. there was a line she had, where her lawyer, on direct, early in the day, was talking about, basical

e. jean carroll. these nine jurors must believe her in order to find for her and award damages. >> reporter: e. jean carroll will resume her testimony on monday. now, that's the same day donald trump is expected to leave for a four-day visit to his golf clubs in scotland and ireland. norah. >> elaine ca ha know at the courthouse, thank dove 0% is different. we left aluminum out and put unbeatable 48 hours freshness and 1 quarter moisturizers... in. dove 0% aluminum deodorant. instantly dry feel and kind on skin. up at 2:00am again? tonight, try pure zzzs all night. dove 0% aluminum deodorant. unlike other sleep aids, our extended release melatonin helps you sleep longer. and longer. zzzquil pure zzzs all night. fall asleep. stay asleep. do you shop for vitamins at walmart? force factor products powerfully improve your health. but they're also delicious, easy to use and affordable. that's why force factor is now the number one best selling herbs and supplements brand at walmart. unleash your potential w

e. jean carroll took the stand her lawyers true attention t post he made on social media this morning sayingnt and false store h witch hunt almost trump's post also mentioned to issues judg kaplan has instructed both doe not bring up in front of a jury, the judge warned donald trump' lawyer joe tacopina that those words are entirely inappropriate. here's how the exchange went from there, quote. mr. tacopina, your honor, he's repeating, that your honor wil are just that with my kind today, i will speak to him and ask him to refrain from an further posts regarding th case >> the court, i hope you are more successful, because we ar getting into an area conceivably in which you client may or may not be tampering with a new source of potential liability. i think you know what i mean and quote. back with former federal prosecutor - and washington post reporter what is the judge talking abou there with joe tacopina abou this area of liability tha donald trump is getting into question two, when i saw those posts, i was thinking are no supposed to do the stuff while there is a case involving yo befor

e. jean carroll. but the impact of that language, of that defense that she wasn' his type, the ripple effect of that locker room talk, that al extends way beyond the walls o the manhattan courtroom. because if trump became an opera tar of male entitlemen -- a total false accusation, and don't know anything about her. and she has made this charge against others and, you know, people have t be careful people are playing with very dangerous territory. >> in a 2019 interview with th hill, -- he then repeatedly denied -- this miss -- complete con job it is a hoax and lie this woman is not my type. that motion to recent now, which he made after office that is the subject of the defamation part of this case now last month, a judg overseeing that case ruled tha that infamous access hollywood tape could be used as evidence in miss carroll-scape, along with the testimony of two othe women who have accused donal trump of sexual assault. in their opening statement yesterday, curls attorneys pointed the jury to tr

e. jean carroll. said could be influential on the jury. explain that to me, because the jury is not supposed to be -- >> they're not supposed to be, right? but they are not quarantined. they are not living apart from their families right now. so they have a strict instructions from the judge, you don't read news, you don't need social media, they are supposed to be on a blackout. then again, we all know the lure of our phones. as we're sitting here right now, you and i both have our phones in front of us. social media is hard to avoid. so the accusation, or rather, the implication by the judge was that trump is trying to infect this jury. he better stop. but more than, that he is also trying to intimidate e. jean carroll, who is still on the stand. because as she testified that morning on direct, she opened her twitter account that morning, and saw unleashed a new pile of hatred directed at her, not coincidentally, timed with the presidents 8:51 a.m. truth social post in which he talked about the dna,

e. jean carroll. but the impact of that language, of that defense that she wasn' his type, the ripple effect of that locker room talk, that al extends way beyond the walls o the manhattan courtroom. because if trump became an opera tar of male entitlemen in the eyes of women, he seems to have become that four men a well in 2016 when trump told th public, if they can figh somebody like me, just look at what they can do to you, som men heard that as an actua warning. when you use the term locker room talk, they heard him. they were listening. and now, some of trump's staunchest followers are repeating him. last night it was enriqu tarrio, the leader of th far-right western chauvinist group the proud boys, who alon with four of his colleagues is on trial for seditious conspiracy for his actions o before january 26th. he - complaining about the federa prosecutors in his trial >> how we talk to each other i the locker room. it's not fair, it really isn't >> it's all just locker room talk where if you heard

e. jean carroll. to find for her and award damages. >> reporter: e. jean carroll will resume her testimony on monday. now, that is the same day donald trump is expected to leave for a four-day visit to his golf clubs in scotland and ireland. norah? >> norah: elaine quijano at the courthouse, thank you. we want to turn now to a possible breakthrough in the fight against obesity. drugmaker eli lilly today said one of its medications used to treat type 2 diabetes has shown promising results when it comes to weight loss, and it is asking the fda for a fast-track approval. cbs's nikki battiste reports in tonight's "health watch," it could become the most effective treatment for those looking to lose weight. >> people taking mounjaro lost up to 25 pounds. >> reporter: it is the newest drug causing a frenzy, and the drugmaker says it is the most effective for weight loss yet. >> i asked my doctor specifically for mounjaro. >> reporter: in august, rachel graham's doctor told her she was about 65 pounds overwei

e. jean carroll did.ich she -- later in the trial will hear from an expert in trauma, in psychology, who will say, actually, the way she behaved was very evocative of the way many sexual assault victims behave. for right now, joe tacopina is trying to find at least one juror, and he only needs one who buys into this 1970s era, misogynists view of the way sexual assault victims are supposed to act. >> just listening to you describe this, something doesn't add up at all if there. trying to claim this as politically motivated, and she told her two friends back in the 19 90s about wanting to take down donald trump, the politics wasn't anywhere near his life at that point. that doesn't seem to hold a lot of water, are just saying that observationally. let me get to this question. trump's lead lawyer question carl, which created the headlines, which includes this from the daily beast. trump's lawyer shameful cross examination of e. jean carroll. slight magazine said, trump's lawyer did him no favors on thursday

e. jean carroll, who did not know e. in 2016, when some two dozen women had come forward with allegations of assault by donald trump. so, two women -- a former reporter for people magazine, who said she went to interview trump on the one year anniversary of his marriage to melania, and that he forcibly kissed her, and then another woman who said in 1979, she was sitting in a first class seat next to trump and that he groped her. so, both of those women are allowed to come in. and the way that e. jean carroll's attorneys presented this in the opening statements is, they said this was one man. this was one pattern. and it's three women. that he -- in a semi public place -- groped and grabbed them, assaulted them, and then, when they went public about it, said they were too ugly for me to assault. so, they laid this out pretty firmly. of course, that's opening statements. but then this is where trump's attorneys are going to attack the stories. >> i think the big question a lot of people are going to have is, why are we goi

e. jean carroll, that what she tells this jury is not credible. and if he cannot destroy her credibility, she will carry the day. >> reporter: e. jean carroll is expected to be back on the stand on thursday where she will be cross-examined. now the judge gave a stern warning to trump's attorneys telling them that if their client continues to post about this case, he could face legal sanctions. elaine quijano, cbs news, new york. >>> disney is suing florida governor ron desantis for what it calls a targeted campaign of government retaliation against the company. the federal lawsuit claims desantis punished disney by taking over its special self-governing theme park district. disney says it was in retaliation for the company opposing a state law banning lessons about sexual orientation and gender identity in schools. a spokeswoman for desantis said, "we are unaware of any legal right that a company has to operate its own government or maintain special privileges not held by other businesses in the state." >>> coming up, caught on camera. a minivan er

e. jean carroll case where facts and law matter. h's putting this in a different field, and if you say it's black, i say it's white. i think russia is good. i don't think russia is bad. >> if you're serving our country, you're a sucker. >> exactly. it is so anti-government, anti-fact, anti-science, anti-law. but it's not just because tim and i are lawyers, it is not a legal defense. >> but if it's anti-law and you're trump and you haven't been charged with anything ever, why stop doing it? >> he's not. the thing is, what you are seeing -- this happening right now in the e. jean carroll case where he continues to go on truth social and be himself in spite of a judge saying knock it off, he did the same thing during the maniafort case. he's playing the one card that's been successful to him. but as tim is saying, we are seeing the noose tightening, and his conduct is, if you are a lawyer, you look at it, and i think exhibit a, exhibit b. this is all information that be used and is going to hurt him in a criminal case. >> i want to pla

e. jea carroll. e. jean carroll is a stron character.le and talked about her vulnerabilit yesterday, and the effect that this interaction with donald trump has had on her life. talk to me about how you think she is interacting wit tacopina >> you know, as they cross examiner, what you are doing i walking the world's thinnest line between love and hate what you're trying to do i kneel the witness while no making the jury or the judge hate you and i think tacopina did not quite accomplish his goal today. the jurors seemed to be little bit spaced out, especially some of the younger male jurors. the judge got bored an frustrated with a tacopina thereby becoming the mos influential juror of all because the judge made a numbe of comments right in the fac of the jury about tacopina's hostile questioning. i think carol responded very well she is no shrinking violet, as she can't pretend to be little lamb, and she's a combination of vulnerability and aggression she showed that day, and she responded very well to wha everyone knew would be a aggre

e. jean carroll can bring up?he's talking about a gag ord or the former president, a formal gag order or contempt of court and making these comments that are intended to influence the jury so we'll see what he does. >> it's curious, in this case. you don't see a lot of cases where the person being sued does not show up. is that really going to hurt donald trump in this case? because the jury is going to see her on the stand. they are not likely to see him at this point. >> i think it does hurt him. they're thinking he doesn't even care enough to show up? what gives? >> i think it will probably hurt him on the flip side of that, he will be there making facial expressions and maybe making outbursts and probably doing things that would hurt him even more so hard to say on balance what the jury would say. >> in this particular case because he is not there that the advantage goes to those who show up. >> i think he can't put in testimony in lieu of live testimony. e. jean carroll's attorneys can. he can't do the same.

e. jean carroll case. the trial started today in new york, where attorneys laid out their case that donald trump raped carol in a department store dressing room in the spring of 1996. the judge is allowing carroll to call two other women have witnesses to show trump pattern of alleged sexual assault. carol's attorney says in court today, quote, three women, one clear panel, counts, kiss, grab, grow, don't wait. when you're a star, you can do anything you want, and when they speak up about what happened, attack, humiliate them, call them liars, and call them too ugly to assault, and quote. trump's attorney fired back saying, quote, she is abusing the system by advancing a false claim of rape for money, for political reasons, and for status. and in doing so, she is really minimizing the true rate of victims. okay, let's get to our panel. paul, great to have you here tonight. so, e. jean carroll is expected to testify tomorrow. is donald trump expected to testify or be in the courtroom? >> it's unlikely that w

e. jean carroll. she's there is a signal to the jury, this matters to us to. i should also say that e. 's direct examination was also led -- that it was a strategic choice as well. >> i'm also interested to know your take on the makeup of the jury itself. i'm not quite sure exactly how many women are on the jury. but historically with president, who seems to be more sympathetic to rape victims on juries? >> it's really hard to say. i think some of it comes not from a person's gender from the life experience that they bring to the trial. we're looking at a jury right now that consists of six men and three women. of the women, certainly, they all look very engaged in what's going on. that's equally true of the men. >> you brought up how tacopina in a way was kind of trying to cast doubt on carols credibility questioning her inability, as you mentioned, to recall the day, to call police as well. that's a re-victimization of someone that says that she was sexually assaulted was raped. how do you think that's all going to play into this? >> i think we're gonna hear testimony later this week

e. jean carroll, that what she tells this jury, is not credible, and if he cannot destroy her credibility reporter: e. jean carroll is expected to be back on the stand tomorrow, where she will be cross-examined. the judge gave a stern warning to trump's attorneys, telling them if their client continues to post about this case, he could face potential liability. norah? >> norah: elaine quijano, thank you. now to the political turmoil brewing in montana. today, republican members of the state house voted to ban the state's openly transgender lawmaker, democrat zooey zephyr, from the house floor. cbs's carter evans reports the censure comes after zephyr criticized republicans over their votes to ban gender affirming medical care for minors. >> thank you, mr. speaker mr. speaker. >> reporter: just minutes before the vote to bar montana democrat zooey zephyr from speaking on the house floor, she made an impassioned plea. >> today, i rise in defense of my community, and of democracy itself. >> reporter: with the public was banned from hearing after this seat on monday. the house leaders denied

e. jean carroll on truth social, his social media platform.created a drama a few days ago when judge kaplan, said to defense counsel for donald trump cut it out. tell him to stop because he might be flirting with an additional offense of obstruction of justice by trying to intimidate the outcome and maybe influence the outcome of this trial. isn't it telling that donald trump doesn't have the courage to come into court to defend himself. he's not required to but i do think it's telling that he won't come in and do it. i think it's partially because we have yet to hear from two additional accusers of donald trump who will be presented by e. jean carroll's legal team who said they had similar experiences with donald trump. >> before i let you go, i just want to make this point, i think this is so important given i've done a lot of stories about sexual abuse. i've talked to survivors. i've talked with the experts and so just some stats and context here, when it comes to sexual assault, and this is according to r.a.i.n.n. they looked at reporting

e. jean carroll for hours today about her story and her motivations. the fact that you have alleged in this story, you have alleged here are odd, tacopina said. e. jean carroll responded, certain parts of the story are difficult to conceive of, yes. the exchange becoming he did when tacopina repeatedly asked e. jean carroll why she did not scream during the alleged assaults. i'm not a screamer. i was too much in panic to scream. you can't beat up on me for not screaming. tacopina -- through tears, carroll asserted, i'm telling you, he raped me. whether i screamed or not -- i don't need an excuse for not screaming. >> tacopina, an experienced trial attorney, also currently defending trump in an unrelated criminal case being brought by manhattan district attorney alvin bragg, he's known for his brash style of defending clients. >> no, no. it can't be. this was a federal presidential election. the allegation here, in some twilight zone sort of scenario -- outside court, a trump spokesperson said the case is entirely political, and trump himself accuses car

e. jean carroll e. arroll acknowledged people have suffered worse than being the target of donald trump's wrath online but said the toll is nonetheless devastating. it hit me and it laid me low i lost my reputation nobody looked at me the same it was gone, e. jean carroll said, sounding anguished people with no opinion now thought of me as a liar and hated me the force of that hatred was staggering she described receiving at least ten serious threats, including being emailed death threats. she said she also received terrible messages through her ask e. jean mail bag she got supportive messages but they were outweighed by the harmful ones, she testified. the violence and the dirt and seedy language and people describing what they think i did and why nobody in the world would touch me because of my enormous ugliness has sort of swamped the heartfelt letters i received this is a thing about the human brain, there can be a million letters of support but it's the hideous ones, even if they're not in the mains

e. jean carroll that what she tells this jury is not credible. he cannot destroy her credibility, she will carry the day. >> reporter: e. jean carroll is expected to be back on the stand tomorrow where she will be cross-examined. the judge gave a stern warning to trump's attorneys, telling them if their client continues to post about this case, he could face potential liability. norah? >> elaine quijano, thank you. >>> back here in washington, president biden welcomed south korea's president to the white house today, where they called their bond unbreakable amid ongoing threats from north korea. but as cbs' ed o'keefe report, the newly announced candidate for reelection fielded questions today about his age. >> yes, how old i am. i can't even say the number. it doesn't register with me. >> reporter: president biden brushed off questions about his age this afternoon even as polls show most americans, even most democrats consider it a real concern as he seeks reelection. >> they're going to see a race, and they're going to judge whether or not i ha

e. jean carroll trial. he walked into the red arrow diner.n allen asked former president trump about mike pence testifying to the grand jury here's what mike allen asked him, mr. president, what do you think of mike pence testifying today, and trump said, oh, i don't know what he said, but i have a lot of confidence in him. you covered donald trump for quite some time. what do you make of that and the fact mike pence did testify? >> that's not the message from behind the scenes in trump world. they see pence's testimony as potentially the most damaging thing that could be for trump in the january 6th investigation. look, pence was there all of the key moments. he was there on the night before the capitol attack on january 5. he was there the morning of the capitol attack one-on-one with trump. these are conversations the january 6th committee could never get ahold of also, pence was discussing how to -- whether he could use objections to throw out the election to the house or send it back to the states these are discussions being done at the

e. jean carroll is a political operative.at she was allegedly wearing on that night should be put into evidence. and the judge said, what's going on here? we gave you an opportunity to give your dna for over a year and you haven't done that. and these statements, not only by mr. trump, by his son eric, who tweeted this afternoon absolutely inappropriate joe tacopina, mr. trump's attorney said he would speak to his client we'll see if there are any more tweets the first witness of today, the first witness of the case was a woman who is the manager of burgdorf at the time, 1996, she described the layout of the store, the floor plan. they actually showed blueprints where the lingerie department was, where her office was, where the escalators were where they allegedly came up. she said that lingerie wasn't a focus of burgdorf goodman. maybe there was one sales associate on the floor or maybe they were off working with a customer and someone screamed in the dressing room, they would have to scream loud if anyone were able to hear

e. jean carroll miss bergdor goodman's a fake scam, this is a fraudulent and false store h

e. jean carroll left the courthouse here in manhattan. ll under way. they have impanelled a jury and that jury heard opening statements. now, carroll's team told the jury that this alleged attack was part of a pattern of aggressive behavior towards women. but lawyers for trump say that carroll is, quote, scheming with others to hurt trump politically and that, they said, is something that should only be done at a ballot box, not inside a courtroom. e. jean carroll walking into the manhattan federal courthouse this morning to chants from supporters. for the first day of her battery and defamation case against former president donald trump. it took just a few hours to impanel a yjury to hear the civl case and opening arguments began this afternoon. the trial comes after carroll sued trump, accusing him of raping her in a department store in the '90s. >> it was just a dumb thing to go into a dressing room with a man i hardly know and have him shut the door and then be unable to stop him. sexual violence is in every country, in every strata of

e. jean carroll has csaid today? e between trump's attorney joe taco tacopina and e. jean carroll. he was focusing in on bergdorf goodman, having e. jean carroll going through the attack again and asking questions at every step of the way. one area that he really focused on is he asked her if when she was being attacked why she didn't every scream out for help. i'm going to read you a little bit of the back and forth between them. at one point taco pina, if she was being attacked, wouldn't she scream. she said you can't beat me up for not screaming. he said i'm not beating you up. i'm asking questions ms. carroll. then they continued to go back and forth over whether she was screaming or should have screamed, and she said i'm telling you he raped me whether i screamed or not. at that point her voice was cracking. she also said that, you know, the reason why many women don't come forward is because they get criticized for not screaming. this back and forth continued where he then asked her, so you didn't scream while y

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e. jean carroll's version of her story of the events of being raped in the department store in the 1990sf her facts here, that they were difficult to understand. they didn't make sense. they were odd. but she never strayed from her allegations that she was raped in the department store dressing room. one of the facts that she said she understood was odd was that she doesn't recall there being anyone on the sixth floor when this alleged attack took place. but the most intense moments during the cross-examination came when tacopina asked carroll repeatedly why she didn't scream if she was battling in that dressing room for her life. and carroll told him, i'm not a screamer. i'm telling you, he raped me whether i screamed or not. he asked details, asking how she could have pushed trump off of her. he weighs more than twice what she does while wearing 4-inch heel, holding on to her handbag and not ripping her tights. this was a fairly tense moment in the investigation. she stuck to her story and said she was fighting for her life in there, and she was kind of overcome with adrenaline in the

e. jean carroll alleges trump raped her in the '90s and defamed her when he denied the claims.er than a criminal case. help us understand the different thresholds for criminal versus civil. >> yeah. the civil threshold of proof is a lower standard of evidence. it's preponderance of the evidence, versus the highest standard we have which is beyond a reasonable doubt for criminal cases. i think the easiest analogy that comes to mind here if we remember the famous o.j. simpson murder trial where he was acquitted. that was the criminal trial. beyond a reasonable doubt, the prosecution failed to make that burden. but in the civil trial, he was found responsible under the preponderance standard. here ms. carroll is under the preponderance standard, not the reasonable doubt start, which is helpful. trump has a right not to testify, not to be there. but if he's invoking his fifth amendment right not to testify in a civil trial, ms. carroll's lawyers can reference that and ask for an inference against him. you can't do that in a criminal trial. >> you made the parallel of the o.j. simps

e. jean carrol,l (music throughout) get the royal treatment. s playing royal match today. download now. >>> today in a manhattan federal courtroom e. jean carroll took the stand for a second day to testify in her civil battery and defamation lawsuit against former president donald trump. now, carroll says trump raped her in a new york department store in the 1990s, an allegation that trump has repeatedly publicly denied calling it a hoax and a lie and a scam. to kick off cross-examination today trump's defense lawyer, joe tacopina followed his client's lead. he showed evidence that appeared to show her being a financially and politically motivated loyer. during his opening statement he asked the jury it all comes down to do you believe the unbelievable. and that has been his strategy thus far, focus on the idea of plausibility. mr. tacopina spent a lot of time today highlighting any lapses and inconsistencies in her account. he asked questions why she didn't call police after the alleged rape, why she didn't see a doctor after the assault, why s

e. jean carroll tell the court? >> reporter: well, boris, e. jean carroll has been on the stand for a little more than an hour and this morning she described to the court and the jury what had happened through the heart of this allegation. she told them that donald trump had raped her. so she set the scene, she told them she was leaving the department store she believed on a thursday night and sometime in the spring of 1996. she said she saw donald trump at the door, he put his hand up and said, hey, you are that advice columnist and she replied, hey, you are that real estate tycoon. from there she said they began this flirtatious fun, he wanted her advice to buy a present for a woman, they looked at handbags, they looked at hats, he then suggested they go to the sixth floor the lingerie department and there they were teasing each other over a body suit, he suggested that she put it on, she suggested that he put it on. she testified, though, after that is when things turned violent. she said trump lured her into the dressing room, he then pushed

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e. jean carroll taking the stained in her lawsuit against former president trump, declaring today "i am here because donald trump raped me." the judge issuing a warning to trump's lawyer about the president. our parent company, disney filing a lawsuit against florida governor ron desantis accusing him of i "targeted campaign of retaliation. click on how the governor is responding and what's behind all of this. tonight, the first call between president zelenskyy and china's president xi. what president she warned about nuclear war. back in the u.s. tonight three high school seniors under arrest in the deadly rock throwing spree near denver. 20-year-old killed. montana's first openly transgender lawmaker barred from the house floor today. what led to this? why nearly 30,000 duis, drunk driving cases, may suddenly be tossed out. i'm a world war ii veteran, the pilot returning to the cockpit to fly for his 100th birthday. the camera onboard tonight. "america strong." ♪ ♪ >> announcer: from "abc news" world headquarters in new york, this is "world news tonight," with david muir. >> david: go

e. jean carroll, accusing her of making up a rape story to sell a book.u thought including the story about donald trump while he was still president would help sell the book," defense attorney joe tacopina asked. "i thought so, rape replied, but i was wrong. close with the book never sold well. carroll said the reason she decided tell her story was the #metoo movement. carroll says it caused me to realize staying silent does not work. for hours, joe tacopina tried to pick apart carroll's claim that trump attacked her in a department store dressing room in the mid-1990s. he questioned why she never called police and pressed her on why she couldn't say exactly when the alleged attack occur occurred. carroll answering "i wish to have and we could give you a date. carroll was consistent and composed, losing patience only when joe tacopina asked her why she didn't scream during the alleged attack. "you were in this scream for help, he asked her. >> i'm not a screamer, koenig responded. coastal people ask why did you scream. some women scream. some don't. he he

e. jean carroll, has taken the witness stand. in this civil case writer e. carroll alleging trump raped her in a new york city department store dressing room back in the 1990s. the former president says the claim is a lie he calls the allegations a con job, a hoax and a complete scam joining me now is nbc's ron allen whoes outside federal court in manhattan and former u.s. attorney paul chong what are we expecting that she's going to say as she continues on the stand today? >> reporter: right now, andrea, she is describing the moment when she claims that donald trump raped her. she described how they met at the department store, bergdorf goodman, and she is now talking about being in the dressing room about how he allegedly o overpowered her and raped her and how painful it was, how strong he was and how terrified she was of what was going on so this is perhaps the most significant moment in this trial because it is her word largely that the jury is going to have to be persuaded by if she is to prevail in this case against mr. trump. as you pointed out, he h

e. jean carroll walking into the courthouse to chants from supporters. for the first day of her battery and defamation case against former president donald trump, it took just a few hours to empanel a jury to hear the civil case and opening arguments began this afternoon. the trial comes after carroll sued trump, accusing him of raping her in a department store in the '90s. >> that was just a dumb thing, to go into a dressing room with a man that i hardly know and have him shut the door and be unable to stop him. sexual violence is in every country, in every strata of society. >> reporter: carroll first went public with her allegations against trump in 2019. then president trump fired back at carroll denying the allegations and saying the two never even met. >> i have no idea who this woman is. this is a woman who has also accused other men of things, as you know. it is a totally false accusation. >> reporter: despite this photo from the 1980s showing carroll and trump chatting which trump acknowledges. >> there's some picture where we're shaking hands,

e. jean carroll in new york city, focused on the allegations that donald trump raped her in a departmentn the 1990s. opening statements on tuesday, carroll's lawyer said she's suing the former president because she wants to get her life back. trump denied the allegation and called the case a hoax joining us now with more is nbc news correspondent ron allen, live outside the courthouse for us good morning what can we expect today >> reporter: well, we're already getting some controversy involving president trump, former president trump and his social media site truth media. there is a post on the site this morning that e. jean carroll's attorneys are citing and objecting to it says in part that the case is a made up scam, the lawyer is a political operative and the dress she was wearing at the time should be admitted into evidence this is a witch-hunt so on and so forth the judge has asked trump's attorney what he knows about this the attorney says that he doesn't know anything about it but that he will talk to his client about it. the judge is already indicated that he has some concerns

e. jean carroll? >> he could. case is coming back, as you noted, it's going back to the second circuit court of appeals, but in front of the same judge. the case that we're about to try, it's not about trump' firstdenial of carrolls claims when he was at the white house it's about him reiterating those denials after hi presidency ended that's meaningful because, as president, you might hav certain federal protection from defamation lawsuits because you are a federa official when you're no longer a federa official, you no longer have the trappings of the office, you are an ordinary citizen as far as definition is concerned that's where trump got himself into trouble as october on the eve of his deposition, on th day of a better ruling in th case, he just exploded ove true social and said all the same things again about e. jea carroll. >> and we have 30 seconds left my team will be very annoyed with me. i had to ask you, because this is interesting the mention of e. jean carroll 's age by the judge. >> when they jud

e. jean carroll. she filed this lawsuit in 2019. and kara were talking about, dates back to allegation 30 years ago. the timing in this, the years that have lapsed, is that a problem for this case, do you think? >> it definitely presents some hurdles for the plaintiff in this case. the new york state legislature recently enacted the survivors act which reopens or opens the statute of limitations allowing exactly these kinds of claims, but of course there are proof problems, memories lapse, witnesses leave town or die and so that is going to be difficult. as alleged in the complaint, she doesn't remember even the exact date that this happened. so she does have those problems, but as kara said in the introduction, she has won many important evidentiary and other rulings, including allowing the testimony of outcry witnesses, other women who claim to have been assaulted, various experts and she will testify. so she's got all of that in her favor. on the other side, mr. trump has lost several key rulings. >> and i want to ask you about i

e. jean carroll return to in her suit against donald.ied allegations in the lawsuit. karen, what can you tell us about what happened in court today? >> yeah, john, so the re-four hours of cross-examination. during that time, tough to tierney joe tacopina shaolin just e. jean carroll's story, about being raved in the department store. and under oath carroll acknowledged that she said some of her factories she said that they, were you know, difficult to understand and i did make sense they were odd. but she never strayed from her allegations that she was raped in the department store a dressing room. when the facts as she said she understood was odd was that she doesn't recall there being anyone on the sixth floor when this alleged attack took place. but the most intense moments during the cross-examination came when tacopina asked carroll repeatedly why she didn't scream as she was battling in that dressing room for her life. and told carroll him i'm not a screamer. she said, i'm telling you, he raped me, whether i screamed or not. now ta

e. jean carroll to tell her only two story.ald trump is finally being held to account, o potentially held to account fo the abusive of women that he has been accused of, and these are women that in some cases h has boasted about. but in this questioning, it is almost as if metoo didn' happen it's almost as if all of the reckoning and public dialogu that we have had about why victims don't act in the way that people who watch too much too many crime documentaries think they should act, why their own act that way and yet, why sort of sexua assault often doesn't play out the way people imagine tha it's going to play out and why that doesn't make it any les traumatic. it's almost as if none of that has actually happened with thi attorney >> yeah, i thought the exact same thing the idea that we're in thi pre-metoo moment where so much has been unearthed about the ways in which we doubt women when they tell us things this notion of women a unreliable narrators when it comes to their own bodies. a lot of that was debunked i the afterm