Former Watergate prosecutor Jill Wine-Banks said on Saturday that former President Donald Trump did something "really stupid" in his civil defamation trial from E. Jean Carroll that could result in higher damages.
Trump is currently in the midst of a trial to determine the amount he will have to pay Carroll, a former Elle columnist, after being found civilly liable for defaming her when, in 2019, he claimed she was lying when she publicized accusations that he sexually assaulted her. Last year, a New York City jury for another defamation trial, for comments made in 2022, found Trump liable for sexually abusing Carroll during an encounter in a department store in the 1990s, ordering him to pay $5 million in damages. Trump has claimed innocence throughout both trials, claiming that Carroll made the statements for personal gain and that she was pushed to sue him by individuals with an agenda against him politically.
During a Saturday interview appearance on MSNBC, Wine-Banks, a member of the original prosecution team for the Watergate scandal and a former General Counsel for the U.S. Army, discussed the damages being sought in this second civil defamation trial. Carroll's legal team has requested that Trump be ordered to pay at least $10 million, while an expert called to testify suggested that an upward of $12.1 million would be needed to restore Carroll's reputation. Wine-Banks, a legal analyst for the network, said that the number should be higher in order to actually deter Trump from continuing to defame Carroll, and suggested that his recent testimony about his own net worth in his New York civil fraud trial could result in a higher penalty.
"First of all, $5 million did nothing to stop him, he immediately defamed her after that verdict," Wine-Banks said. "And I think he's doing it during this trial...He's also done something else really stupid. Not a surprise to most of us, but he has now been testifying about how many billions extra he has. In order for the damages to stop someone, it has to impact their personal finances. If you are actually really a billionaire with 10 billion more than you ever said, then 12 [million] is not going to affect you."
She added: "I think that the jury could easily conclude that to stop him from doing this again, they have to award more than the 12 [million] that would maybe compensate her for restoring her reputation."
Newsweek reached out to Trump's office via email for comment.
Wine-Banks was referencing Trump's civil fraud trial, in which New York Attorney General Letitia James originally sued him, his family, including sons Donald Jr. and Eric, and The Trump Organization for $250 million, accusing them of frequently inflating Trump's own net worth and the value of his assets by billions of dollars from 2011 to 2021 to secure better deals and loans. James is now asking for $370 million, plus interest. Trump and his family have dismissed the accusations about inflating his net worth and maintained their innocence, accusing prosecutors of being politically motivated and attempting to harm Trump's 2024 presidential campaign.
That trial is nearing its end, with Judge Arthur Engoron having found Trump liable for fraud in September and the proceedings since then have been to determine damages. The case could also see Trump's ability to do business in New York state suspended.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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