Judge drops LONG-AWAITED RULING in HUGE anti-Trump case

You're watching the Legal Breakdown. Glenn, just days ago we had an explosive. piece of news when even the Supreme. Court refused to weigh in and help. Donald Trump not pay the $5 million that. he owed E. Jean Carroll. Well, his team. has asked E. Jean Carroll's team to give. them a delay. He asked the court to give. them a delay. We finally have a decision. on that on that request. Can you explain. what just happened? >> Yeah, it looks like Donald Trump is. running out of rope and it looks like. Judge Kaplan who presided over both E. Jean Carroll defamation trials is just.

about done with Donald Trump's. ridiculous attempts to delay one after. another. Let me first set up his most. recent attempt to delay. Now, remember. E. Jean Carroll whooped Donald Trump's. butt in the trial court and a jury. awarded her $5 million for Donald Trump. having sexually assaulted and defamed. her. E. Jean Carroll then whooped Donald. Trump's butt in the court of appeals and. then Donald Trump, you know, continued. to delay trying to have to pay the $5.

million money judgment by saying, "Wait, wait, wait. I'm going to get the Supreme. Court to review and undo that jury award. against me." And the Supreme Court just. recently said, "No, Donald. We are not. accepting the case for review and we're. certainly not undoing that jury award.". So, really you would think there's. nowhere left to go, right? Well, leave. it to Donald Trump and his lawyers to. come up with one more attempt.

to try to, you know, keep from having to. pay the $5 million he owes E. Jean. Carroll. They said, "Well, well, wait a. minute. Wait a minute. I now have a new. lawyer," says Donald Trump. "And my new. lawyer needs time to get up to speed on. the case." Well, Brian, there are a. couple of problems with that and I think. Judge Kaplan sensed those problems. One, there is no more case. Donald Trump lost. at every turn. And he said, well, but. what I want to do is ask the Supreme.

Court to change its mind. It's something. called a petition for reconsideration. Guess what? The Supreme Court is not. going to say, you know what, Donald? We. were wrong. We really should have. accepted the case for review and ruled. in your favor. I I have not done a. search, a legal search, but I'm not sure. the Supreme Court has ever accepted a. case for review, you know, on a petition. for reconsideration. Why? They would. have to decide that what they just did.

was dead wrong. Judges don't often do. that. Um I'm not saying it's never. happened. So, here's the other thing. The reason Donald Trump now says he. needs a new lawyer. is because the lawyer who represented. him in the E. Jean Carroll appeal in. this case is now a judge courtesy of. Donald Trump appointing him to the. federal bench, the 8th Circuit Court of. Appeals. A guy named Justin Smith, who, you know, I looked at his experience and. I don't think he is equipped or.

adequately experienced to be an 8th. Circuit Federal Court of Appeals judge. But, you know what, Brian? Here's a. little fun fact about Judge Smith. Fun. for Donald Trump, but not fun for the. American people or the health of our. democracy. Do you know how many Donald. Trump lawyers are now occupying the. upper echelons of the federal. government? Justin Smith is a federal. circuit court judge. Emil Bovay, one of. Donald Trump's prior defense attorneys,

is a federal court judge. Todd Blanche, one of Donald Trump's former, and I. would. defense attorneys, is the acting. attorney general and Trump is trying to. make him the permanent attorney general. And then there is John Sauer, who is the. solicitor general, another one of Donald. Trump's former defense attorneys. And. John Sauer was the one who argued in. front of the DC Circuit Court of Appeals. that a president could go so far as to.

send SEAL Team Six to assassinate his. political rivals, and he very likely. could not be criminally prosecuted for. it. And now let's bring this full. circle. You know what lawyer was. assisting John Sauer in making that. horrific, you know, murderous argument. that a president should get to murder. people with immunity from prosecution? Well, the person, one of the attorneys. who. assisted John Sauer in that was Justin.

Smith. So, we've now come full circle. So, where we stand right now is Judge. Kaplan said, "You know what? I'm putting. Trump and his lawyers on an expedited. schedule in accordance with E. Jean. Carroll's lawyers' request, and you have. until July 7th, Donald and your lawyers, to make whatever argument you want to. make as to why I shouldn't immediately, you know, go about dispersing the.

funds." And we'll talk about how much. the the judgment is now up to, given the. compounding interest, to disperse the. funds forthwith. So, now the next thing. we have, because there always seems to. be another court filing. These things. almost seem never to go final. On July. 7th, Trump's legal team will have to. file its last gasp at trying to convince. Judge Kaplan to hold off dispersing the. funds to E. Jean Carroll. And within 3. days of that, I don't even know that E.

Jean Carroll's lawyers will need 3 days. to respond, but within 3 days of that, E. Jean Carroll's lawyers can file a. reply to whatever Donald Trump's lawyers. file, and then it is ultimate judgment. time. And I predict, at my own peril, that E. Jean Carroll will very soon get. those monies distributed to her that a. jury award her awarded her now 3 years. ago. >> Just a quick note here to say that if. you appreciate my work, which is and. always will be 100% free, a small ask is.

if you could please pre-order my new. book The Day After, which explores how. Democrats must finally wield power if. they're fortunate enough to get it back. I'll also be on tour in DC, New York, and LA mid-July. You can grab tickets to. the tour and you can pre-order the book. at the same link, which I'll put on the. screen and in the post description of. this video. You can also find them at. briantylercohen.com/book. Again, I'll never paywall a single piece. of content, but this is the one time. that I'll ask for some support for a. book that I really think meets this. moment. Thanks so much.

What about the $83.3 million because and. and you and I have spoken about this. before, but it's worth bringing up. again. You know, obviously Trump is not going. quietly in into the night, right? Like. when it comes to any money judgment, if. he's willing to pull out all the stops. here for this $5 million judgment, something tells me that when it comes to. $83.3 million, he's not going to be. willing to just give it up. And so, where do we stand on that judgment and. how does Trump losing all of these. cases, getting every um avenue that he. was able uh to try and employ, all of.

those are closed off at this point, what. kind of um an impact does that have on. his ability to potentially win. uh some type of reversal on the $83.3. million ruling? >> Yeah, so Brian, not unlike the $5. million case, the $83.3 million case is. working its way up through the court. system, the the appeals process, and the. last gasp there will very likely be. Donald Trump again trying to persuade. the Supreme Court that they should.

accept it for review and undo the $83. million jury verdict. But here's the. thing, the issues that are presented in. in case are almost identical to the. issues presented in the $5 million case. Most directly, Judge Kaplan ruled that. two of the other women who alleged. Donald Trump sexually assaulted them. were permitted to testify about what. Trump did to them because it was. relevant to whether he also assaulted.

sexually assaulted E. Jean Carroll. And. guess what? That ruling was upheld by, first of all, the Federal Circuit Court. of Appeals and then the Supreme Court in. the $5 million case said, "No, that is. not a basis for us to accept review of. the case." And virtually identical. issues are in the $83 million. case. Judge Kaplan presided over both. cases. The parties, plaintiff and. defendant, were the same in both cases. The evidentiary rulings were largely the.

same. So, I think that one is also on. the same path as the $5 million. judgment. And Donald Trump will very. likely not only have to pay out on the. first judgment, but before too long, he'll be making the same ridiculous. arguments he's making now, but he will. probably have to pay pay out on the. $83.3 million judgment. And here is the. wonderful thing, wonderful for E. Jean. Carroll. Um you know, her lawyers didn't. say when the jury returned that verdict, "You know, we are going to use the.

vehicles available to us to force to. compel Donald Trump to pay right now, not await the appellate process." The. lawyers E. Jean Carroll's lawyers said, "You know what, Judge? That's okay. We're not going to insist on immediate. payment, but we are going to insist on a. court order that interest be accruing. every day on the money a jury awarded. Donald Trump to pay us, both the $5. million and the $83 million." So, within. the next probably week to 10 days, it.

looks like Donald Trump will be forced. to pay on the $5 million dollar jury. verdict, and that is presently up to. $5,800,000. So, it looks like that's the first. amount he's actually going to have to. pay to E. Jean Carroll. And the good. thing about it is that those monies were. deposited in basically like a court. escrow account during the course of the. appeal, so there would be a pot from. which to satisfy this money judgment.

when and if Donald Trump lost his. appeals. And Donald Trump has now lost. his appeals. >> And and that's the part I wanted to dig. into here because my question was going. to be, you know what? If after he has. exhausted every legal avenue, what if he. just decides not to pay? So, can you. speak on that pot of money and how that. protects E. Jean Carroll in the event. that Trump doesn't comply? >> Yeah, in these sort of, you know, large. dollar money judgment cases, it's not at. all unusual for two things to happen.

One, the losing party wants to appeal. And, you know, for, you know, for better. or worse, the appeals process in this. country is very sort of detail-oriented, very circumspect, very thoughtful. They. cover every angle of the way the trial. played out to make sure it was a. reliable and just verdict. But, Brian, it can take forever. So, what the court. system has in place is a system by which. the losing party that wants to file the.

appeal if a money judgment was awarded. against them, they can pay into or. somehow secure the amount in what is. akin to an escrow account that the that. the court presides over so that exactly. what you just described won't happen. The losing party runs its case all the. way up the appellate chain, they lose. all along the way, the Supreme Court. refuses to intervene, and then they say, "Oh, okay, you know what? I'm. judgment-proof. I've gone and spent all.

my money. I have no assets and there's. nothing for you to actually take from. me. So there. You know, the court system. is not so foolish to allow a losing. party to orchestrate that kind of a. circumstance to avoid paying a money. judgment ordered by a jury. So let's. listen. E. Jean Carroll is going to. begin to get the money that a jury. awarded her and as I say the first will. be about 5.8 million, but the next one.

with interest is probably going to be. heading up to about a hundred million. dollars, which given all the money that. Donald Trump has been earning off of his. time as president, much of it seems, you. know, courtesy of grifting and conflicts. of interest that he is taking advantage. of. Um, you would think he could. probably find a hundred million dollars, you know, strewn in the couch cushions. down at Mar-a-Lago. >> Last question here on that point. Um, is. that to say that there's already, you. know, somewhere between 83 and a hundred.

million dollars in an escrow account for. that case that's being, you know, litigated right now? >> You know, I don't know how much had to. be deposited to secure the kind of right. to appeal, um, just to make sure that E. Jean Carroll would be made whole on that. 83.3 million dollar judgment. You know, often there are sureties that will step. in where, you know, there's a formal. process by which a losing party can pay. somebody to guarantee that amount and. then if the losing party himself doesn't.

make good on that amount, then the. surety has to come through and pay that. amount. So there are different way you. can secure it with real property, kind. of like taking a mortgage out on some. real property and the proceeds of um, the loan on your real property can go to. satisfy the judgment. There are. different ways to orchestrate it. I'm. not exactly sure what vehicle they used. to secure the 83 million dollar a. verdict, but what I'm confident of is. Judge Kaplan and the court system. probably has this well in hand, maybe.

even went a little over and above making. sure this amount is secured given the. litigant they knew they were dealing. with, Donald Trump. >> Well, we will of course stay on top of. this and hopefully the next story that. we'll be able to report out of this. whole situation is that Carroll has $5. million or more than $5 million because. of this interest that was accruing from. Donald Trump and we can move on to the. process by which she will ultimately get. her 83.3 million which, as you said, will probably be somewhere in the.

ballpark of 100 million after all is. said and done. So, for those who are. watching, if you'd like to follow along, the best way to do that is to subscribe. to both of our channels. Completely free. to do so, but a great way to support our. work, to stay on top of the news, and to. support independent media. So, those. links are right here on the screen and. also in the post description of this. video. I'm Brian Tyler Cohen. >> And I'm Glenn Kirschner. You're watching. the Legal Breakdown.