The 'Forgotten' Case: Trump's Civil Rape Trial Is More Important than We Think
Few have paid attention
Jury selection begins tomorrow in E. Jean Carroll’s civil case versus Donald Trump today. While Trump was president, Carroll claimed Trump raped her 25 years ago at New York’s famed Bergdorf Goodman department store, in a changing room.
Trump, of course, denied it and lashed out at Carroll. Unbelievably, Trump even said, “She’s not my type,” which has infamously become known as the “too ugly to rape defense.” (A rather sick moniker but one sees it everywhere.) Carroll sued Trump for defamation, calling her a liar.
Meanwhile, New York changed its law regarding the statute of limitations on sexual assault cases, allowing Carroll to amend her complaint. The case is now simply a tort lawsuit claiming that Trump raped her.
According to Google, in the state of New York, a civil jury can render a verdict if “five out of every six jurors agree.” New York attorneys anticipate that Trump’s trial will have 12 jurors. One would presume that if ten jurors are in agreement, they can render the verdict.
However, for reasons passing understanding, Reuters reports:
And while the jury could have six to 12 members, it would take only one Trump supporter for Trump to avoid liability.
This is a critical issue because we all know that there are people out there willing to lie their way (very cleverly) throughout voir dire in order to save Trump. Or, to be fair, to dump him over a cliff.
Most jurors, by far, serve honorably. Regardless, the issue pertaining to the number of jurors and what it takes to reach a verdict will be cleared up in the near future.
The point is that starting tomorrow, Trump faces a trial claiming that he raped a woman. The situation screams “SETTLE!”
But Trump has denied her claims so many times, so vociferously, so “Trumpily,” that settling would drain a lot of Trump’s swag. It would be an admission; “Yeah, she had a pretty good case.”
Meanwhile, Carroll may have no interest in settling. She doesn’t seem to be in this for the money (She has gone through hell). It is possible that Trump could offer Carroll the deed to Mar-a-Lago and she would refuse. (Especially
Soooo. I am planting my flag.
This case, the one that the country has almost forgotten (It hasn’t been mentioned on MSNBC this morning) is far more important to Trump’s future than the criminal charges filed in Manhattan. With charges already filed and the potential for far more serious criminal charges to come, this is the “forgotten case.” and I don’t think the country has really absorbed the importance of the outcome of this trial.
A jury may say “It is more likely than not that Trump raped this woman.”
And that will be a gut punch that hits harder than paperwork criminal cases involving Stormy, brave as she is.
*
As hard as he’s tried, Trump cannot make this trial “political.” There is no “politically ambitious D.A.” or attorney general who is after him. Joe Biden isn’t involved in this case, nor is anyone in his administration. Hunter isn’t a witness. This is one proud woman standing up and saying, “He raped me.”
If the jury agrees…
What then?
I think it sticks. Hard.
I have personally loved six women in my life; including family, long-term partners, and two wives. Four of the six, that I know of, have been date raped. Also known as “rape.” We all work and interact with women (and women who read this) who have been raped and never told a soul. Or told two to three friends at the time. (As Carroll claims to have done and will act as witnesses.) As a man, it is harder to… what’s the word… I can’t do better than “absorb” what it will feel like for a woman to now see Trump as a rapist.
But I would have to think that every sane, independent-minded woman will look at Trump differently if this jury finds Carroll’s claim to be “true enough.” Of course, we have to exclude women who are so deeply ingrained into MAGA culture that they will simply assume Carroll is lying. “Because she’s a DEMONrat… who probably believes the vaccines don’t work… “
But there are other women out there, ones that voted for him in 2016 and 2020 who may not be able to look at him in the same way because of something linked to their past. They see Trump and then they see “him,” someone from their past, something hard to get over.
And again, this can’t be politicized. He tried. But he couldn’t make it bend.
**
Trump will certainly lose that “bump” that he got from being indicted.
And there is one other juxtaposition that should be addressed.
Trump may win.
If he does, he will “trumpet” the victory as one over all the haters and losers out to get him and… It won’t work. This was one woman and there are a lot of other allegations by other women. He may win the trial but it won’t wash away any of the prior accusations and the misogyny in his past.
Additionally, this was “the forgotten case.” If Trump wins, attention just goes straight back to anticipated charges out of Georgia (Possible racketeering) and Jack Smith’s cases. Trump can’t claim that he beat all those people out to get him… again, he’s tried like hell to politicize this case and it won’t work.
No. Trump can win the verdict. He will save a few million dollars. But he won’t get any “bounce out of it.”
But if he loses…
***
“Rape.”
He will have denied it, strongly. He will have called her “not his type,” which is abhorrent beyond words. Rape is about control, dominance, and violence, it is not “sexual.” And it will remind people of Trump’s lowest moment:
“I moved on her like a bitch. I couldn't get there and she was married…
“I better use some Tic Tacs just in case I start kissing her. You know I'm automatically attracted to beautiful... I just start kissing them. It's like a magnet. Just kiss. I don't even wait. And when you're a star they let you do it. You can do anything.
"Grab them by the pussy. You can do anything."
If he loses, it almost surely brings those words back into the news cycle for a time and maybe he “looks different.” As a man who read about him since 1992, I just assume that he’s raped, women. My only hope is that he didn’t abuse a girl my daughter’s age. I cannot process it.
But I want to point something out. At the time, the above words were written off by the Trump camp and even Melania as “locker room talk.”
Wrong. I’ve been in a lot of locker rooms and at least from… College? At a minimum, the guys in the locker room would look at him like, “Dude, WTF? Shut up.”
The only thing I want to point out is that he wasn’t just “talking.” He put the Tic Tacs in. He affirmatively began doing exactly what he had just described.
It all comes back.
Summary:
Short one.
He cannot point to anything. He can call her a liar again and get sued again. And unlike the New York criminal charges, he will not get the full backing of the Republican party on that verdict. Trump himself couldn’t make it political. Why would anyone else?
Most importantly, this might be the opening that Trump’s challengers move to attack. They don’t have to agree with the FBI. They don’t have to say that Biden and the Deep State were trying to get him out of the race. No. There is just a verdict that it’s more likely than not that Trump raped E. Jean Carroll, just like she said.
The “Forgotten Case” may play a much bigger role than we know right now. Just a thought.
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If you are one of the women who has silently been through the hell that accompanies such a situation, my heart goes out to you. It’s sort of a meaningless statement. But I want everyone to know that “I see you. But cannot know how deep the impact hits.”
So busy. Thanks for all the support. As soon as training at Occupy is over, I’ll have the luxury of writing shorter, nearly everyday ones. It’ll be fun.
Everyone take care and watch this case.
j
How many people have you persuaded to do something they didn't want to do? Doesn't have to be sexual. You are guilty! You who is without sin cast the first stone. If we knew half of the sins you've done we would be disgusted. Just remember that when you condemn others!
Well said, Jason. I imagine that there will be at least several women on the jury who have been forced into sexual situations that they weren't comfortable with. It is unimaginably disgusting even to be kissed against your will even though it is always downplayed as "just a kiss." Many times women don't push back hoping to avoid violence. One's politics pales against sexual assault.