jean carroll is suin donald trump for two causes of action one is called battery. the battery pertains to e. jea carroll assertion that donal trump raped her in the dressin room of the bergdorf goodman's in the 1990s under civil law in new york, there is no civil cause of action called rape but battery can refer to any wrongful touching that i offensive and harmful to the plaintiff and the standard charge that is used to sue a perpetrator civilly for an alleged rape >> faith gay, what is the wa in which this is likely to unfold we have almost heard definitively from donald trump's lawyer that he's not going to show for this trial the judge did express an irritation with his lawyer saying, tell us whether he i or isn't because - concerns to deal with. because -- how did this case unfold what is different about a civi case of having to do wit battery than a criminal rape case >> this is really interesting. because trump is the chaos king, right? and he really benefit from a situation where he ca seize control. this courtroo today was about as buttoned up as you could

jean carroll. means - and i took some notes when h was instructing the jury - is it's an unjustified touchin without consent, with th intent to cause bodily contact that would be offensive. and that incorporate everything from a gentle cas on the cheek that is not wante to, essentially, stabbin somebody through the heart and everything in between. so, all they have to find is that trump committed battery it does not necessarily have t be that they believe h committed a rape that he touched e. jean carrol in an unwanted way - of course, she maintains tha he sexually assaulted her an that he penetrated her in that dressing room. >> her lawyer today had openin arm units today. so, her lawyer today - i follow the opening arguments just by reading a little bit o the transcript that came out just before we came on air and from following your live tweeting of the courtroom. walk us through what the opening argument is. >> the opening argument is e jean carroll experienced thi brutal assault at trump' hand

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

jean carroll -- calling witnesses -- women's equal justice.rmer federal prosecutor. good morning to both of you. thank you for being with us. jane, let's talk with the case this is, some people were refe to it as a defamation case some people will refer to it a a rape case. it is a civil battery trial. because that is what new yor state allows once it, you ar beyond the statute o limitations. what does that mean for -- >> so, e. jean carroll is suin donald trump for two causes of action, one is called batter in the other is called defamation the battery pertains to e. jea carroll's assertion that donal trump raped her in the dressin room of bergdorf goodman's i the mid 1990s. under civil law new york, ther is no civil cause of actio called rape, but battery can refer to any wrongful touching that is offensive and harmfu to the plaintiff, that is th standard charge that is used t sue a perpetrator civilly fo an alleged rape. >> faith, what is the way that this is likely to unfold we have heard, almost hear definitively from donald trump's lawye

jean carroll has in this case?biggest advantage she has in this case is she's there, she's actually in the courtroom in opposition to donald trump who apparently is not going to physically appear. he doesn't have to because this is a civil case, if it was a criminal case he would have to be there for the trial. this case is going to come down who does the jury believe more e. jean carroll's account of what happened or donald trump's denial of what happened. if you have a person who is there and present the jury will see that as a sign of respect, i think juries feel like it's disrespectful for somebody not to show. e. jean carroll will take the stand, testify live, be subject to live cross-examination. in contrast the jury is probably only going to see clips of donald trump's depositions. naturally a jury is going to say we're going to tend to default towards the person who actually showed up. >> e. jean carroll also has corroborating witnesses. >> yeah, so a couple of key things. first of all, there are two witnes

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

jean carroll testifies for the first time in the civi case against

jean carroll e.carroll 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 main

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

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

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,

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

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 overwe

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

jean carroll testifies for the first time in the civi case against former presiden trump.or children unde 13, but is it enforceable? antisemitic incidents on the rise across the u.s., my one-on-one with investor deborah and her push to combat this globally as the 11th hour gets underway on this wednesda night. od

jean carroll, who did not know e.d 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 go

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 e

jean carroll's rape case.r to vicious abuse and threats. she spoke about it on the first day of the trial. she wakes up every day to heinous personal insults and threats. the way that he conducts himself when accountability is near is a pattern as well. and i wonder what you make of what his conduct will look like in the days and weeks ahead. >> well, first of all, thank you for reminding me about ty cobb. you're right, there have been so many lawyers. it's hard to remember which one was acting at which time. it all seems like a very distant memory at this time. bit by bit it's stacking up. the two friends, the "access hollywood" tape and the two women and as ty cob suggested, what e. jean carroll is saying not only is she getting the abuse donald trump has been leveling on social media and the judge is saying you have to hold off on that, you're not doing yourself any favors. on top of that, i don't know if it's hard or not, we shouldn't forget the amount of abuse she's getting on social media, online from al

jean carroll. i believe -- i've gotten to know her.truthful and wonderful person, a kind person. she's somebody who doesn't say a nasty -- doesn't have a nasty word to say about anybody. and i find particularly compelling, as in the other "me too" cases, the fact that two independent people will testify that jean carefuroll told me th story about what happened at the department store, you know, within a day or two after it happened. i mean that's always -- if you've read the work of ronan farrow in "the new yorker" and jody cantor in "the new york times," that kind of evidence is extremely important in establishing something that would otherwise be he said versus she said. in addition, the pattern evidence is very, very substantial here. i mean the number of women who have come forward with allegations of donald trump that are very, very similar. and there are going to be, the judge has already held that under rule 415 of the federal rules of evidence, two of those victim who's had similar incidents occur to them will be allowed to tes

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.

jean carroll suit in new york. you're seeing that with th alvin bragg indictment you're seeing that with th fani willis grand jury i atlanta. you're seeing that with my civil suit, which is in th court of appeals and wer waiting in decision, and you certainly seeing it with wha is the most seriou investigation from jack smit around donald trump's role i the january 6th insurrection >> barbara, we have heard a lo of things over the last couple of years about what mike pence was doing and thinking o january 4th, on january 5th, and on january six, includin the exchange that his attorney had with michael luttig in which he wanted to reach out t find out for sure that he coul tell donald trump, i can't d what you're asking me to do. tell me about how importan that is or isn't, that h sought legal advice. he didn't just tell donald trump, i'm not doing this fo you. i don't know whether he wanted to cover or he just wanted the real legal advice. but he sought out legal mind who said what the president in john eastman wan

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

jean carroll. tacopina being a man. of a single woman at the defense table is not a great look in the case all about an alleged sexual assault. talk more. >> not a good look at all. i should say it may not be an accident that after my tweet and some other commentary for mothers, that alina haboob who's been trump's lawyer on a number of civil matters including this one. -- until joe tacopina got involved came back to court this week. or she did not stand, she did not argue. she was not involved in the cross examination of e. jean carroll. she's there is a signal to the jury, this matters to us to. i should also say that e. jean carroll'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 th

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

jean carroll has taken a stand in a civil trial against former president donald trump. >> she claimsd her in a dressing room in 1986. >> norah: montana republicans vote to ban a transgender lawmaker from the state house floor for the rest of the year. >> today, i rise in defense of those constituents of my community and of democracy itself. ♪ ♪ >> everybody is having this struggle. >> norah: crime in america. our exclusive reporting. the major challenges in keeping the nation safe. >> all crime up 25%. murder up 24%. motor vehicle theft up 107%. what's going on in our nation's capital? ♪ ♪ >> allergy season is here, with specialists telling cbs news it is now lasting longer, with patients experiencing more intense symptoms. ♪ ♪ >> norah: president biden and south korean president yoon, the official state visit and the agreement to deter north korea. >> is an unbreakable bond, forged in bravery, sacrifice our people. ♪ ♪ >> norah: good evening, and thank you for joining us on this wednesday night. we do want to begin with that severe weather that is making its way across the southern

jean carroll why she did not scream during the alleged assaults. i'm not a screamer. c 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 carol of lying, saying her cases, quote, a made-up scam. tacopina pressed caroline why she waited until 2019 to go public with her story. she says she was mourning her mother's death and then, i thought this may be a way to change the culture of sexual violence. the light dawned. we can actually change things if we all tell our stories. and i thought,

jean carroll that what she tells this jury is not credible.f 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 h

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

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

jean carroll is expected to be back on the stand tomorrow, where she will be cross-examined.rump's attorneys, telling them if their client continues to post about this case, he could face potential liability. norah? >> norah: elaine quijano, thank you. well, now to the political turmoil brewing in montana. today, republican members of the state house voted to ban the state's first 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. >> 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: the public was banned from hearing after this scene on monday. when house leaders denied zephyr the opportunity to talk. [chanting "let her speak"] zephyr had spoken days earlier during a debate on montana's proposed ban on gender-affi

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

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

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

jean carroll.er, she barely left her bedroom for the first year of her life, why this little girl infected with a rare disease now has a glimmer of hope. we're covering these stories and more ahead on "cnn news central." next on behind the series... let me tell you about the greatest roster ever assembled. the monster, the outlaw... and you cat forget about the boss. sometimes- you just want toat your heroes. e subway series. the greatest menu of all time. -okay, and one more. -i think we got it. -yeah, let's focus on the rv. -rv? okay, everybody, look at the rv and smile. this is what you want for your family portrait? good point. we bundled the boat with our home and auto first. -hey, team, get on in here. -team? oh. fun. now everyone say "24/7 financial protection with progressive"! 24/7 financial protection with progressive! okay. let's get some singles of me on the bike. honey. yeah. [ leaf blower whirring ] from big cities, to small towns, and on main streets across the us, you'll find pnc ba

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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

jean carroll to tell her own unique true story.s to this moment when donald trump is finally like being held to account or potentially being held to account for the abuse of women both he's been accused of and abuse of women in some cases he's boasted about. but in this questioning it's almost as if me too didn't happen. it's almost as if all of the kind of reckoning of public dialogue that we've had about why victims don't act in the way that, you know, people who watch too much crime -- too many crime dramas think they should act, you know, why they don't act that way. and yet, you know, why sort of sexual assault often doesn't play out the way people imagine it's going to play out and why that doesn't make it any less traumatic. it's almost as if none of that has actually happened with this attorney. >> yeah, i thought the exact same thing. the idea we're in this pre-me too moment where so much has been unearthed about the way in which we doubt women when they tell us things and this notion of women as unreliable when it comes t

mr i want to go back to the e jean carroll case. so is donald trump have to testify.e really is because keep in mind this is a civil case, and that's a really important distinction. in a criminal case. a defendant considered the table and choose not to testify and you cannot hold it against that individual in a civil case, they are compelled to testify if he were to not testify and adverse inference, which is a negative inference can be taken by the jury, and they can assume whatever he would have said would have been to his detriment. so he's already testified under oath, though there is a deposition out there. so i would expect his lawyers to be prepping him within the confines of whatever came out in the four corners of that deposition, but keep in mind when you get on the stand credibility is king. so now we're going to be talking about challenging his credibility and it might go outside the scope of this case. i would expect the plaintiff's attorneys to push for catching him in all sorts of untruth, the veracity of anything, he said. even outside of this case and

jean carroll.eral courtroom answering questions from her attorney yesterday. she told the jury, quote, i'm here because donald trump raped me. when i wrote about it. he said it didn't happen. he lied and shattered my reputation. and i'm here to try and get my life back. they say in the mid 1990s she ran into trump in a department store. of he asked her for help picking out a gift and eventually told her to try on lingerie. she says he then followed her into the dressing room and forced himself on her. on the stand, she said, quote, that open door plagued me for years because i just walked into it. walked in. carol says she is suffered psychological damage and has not had a romantic relationship since that alleged rape. at one point she broke down in tears because she is finally getting her day in court. we should note that he repeatedly denied the allegations calling it a made up scam. in opening statements, his attorney said that they made up the story for her own personal gain. for more perspecti

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 pushe

jean carroll? >> at this point, not at all.t we do have ahead of us, of course is two other women who were sexually assaulted by trump. their testimony is coming in, the judges said it's coming in, trump may or may not testify, i doubt he will, his deposition was a disaster. so i would say, right now, carol is definitely in the leading seat. not only is she winning, but winning with big damages because she made very clinical statements that this man, donald trump, had changed her life forever. she has had no personal relationship, no intimate life, for the past 30 years, because of this incident with the former president. >> glenn, let's switch gears to vice president mike pence. former vice president mike pence, here in washington. how helpful, do you think, his testimony was? does a signal that jackson's investigation is nearing an end? what about their case? >> so, not just helpful evidence, but i suspect, it is sharply incriminating evidence. i actually say that because of something that mike pence put in his book. first, w

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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

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

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,

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

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