OPINION: This article may contain commentary which reflects the author's opinion.
The legal team representing columnist E. Jean Carroll has expressed “serious concerns” that former President Donald Trump may not have enough cash on hand to pay the $83.3 million she was awarded in a defamation case earlier this month.
Attorney Roberta Kaplan responded in a court filing on Thursday to Trump’s latest request that the trial judge delay his enforcement of the judgment while his lawyers work to try and reduce or eliminate it on appeal.
Previously, another New York jury found Trump guilty of sexually assaulting Carroll in a department store in the 1990s and awarded her $5 million in that case.
“He simply asks the Court to ‘trust me’ and offers, in a case with an $83.3 million judgment against him, the court filing equivalent of a paper napkin; signed by the least trustworthy of borrowers,” Kaplan wrote in the filing.
She made reference to the recent $454 million civil fraud verdict reached earlier this month as the reason why she and her client are “concerned” that Trump may not have the cash on hand to pay Carroll’s award.
“To begin, recent developments give rise to very serious concerns about Trump’s cash position and the feasibility (and ease) of collecting on the judgment in this case,” she added.
On Wednesday, Trump attempted to post a $100 million bond, but a New York judge ruled that he must instead make the complete payment, which is growing with interest every day he does not pay the full amount.
“Moreover, by the time the post-trial motions (or the appeal) are fully resolved, Trump may be in a very different position,” Kaplan noted.
“He could then be President of the United States; he could then be a convicted criminal serving time behind bars; or, given his advanced age, Carroll may be forced to reckon with his estate. Any of these developments could substantially complicate collection efforts here,” she concludes.
After the ruling, however, Trump’s lawyer and spokeswoman offered some free legal advice to Carroll: Don’t spend the money just yet.
During an interview on Newsmax TV with host Eric Bolling, Habba attacked Carroll for offering to purchase MSNBC anchor Rachel Maddow a penthouse apartment and new clothes following a jury’s decision.
“It was like being in an epic Twilight Zone where no rules were allowed but for the other side, and then she goes out there and gloats and says she’s gonna buy France, and a wardrobe, and a motorcycle, and this and that. I want everyone to remember, and I said this in my closing argument to the jury: she’s here to get a check, and after this, she will continue. She didn’t care, you know, about the defamation. She didn’t. She cared about the publicity,” Habba said.
“On appeal, those rulings will come up, the one-sidedness will come up, and we will prevail,” predicted Habba, before concluding, “My advice to her would be not to go ahead and purchase any motorcycles or penthouse apartments.”
During her interview with Maddow, Carroll was asked about her previous statements implying that any funds she would receive from Trump would be allocated specifically to “help shore up women’s rights.”
“Yes, Rachel! Yes!” Carroll responded. “I had such, such great ideas for all the good I’m gonna do with this money.”
“First thing, Rachel, you and I are gonna go shopping!” she exclaimed. “We’re gonna get complete new wardrobes, new shoes, motorcycle for [Carroll’s attorney Shawn] Crowley, a new fishing rod for Robbie [Carroll’s attorney Roberta Kaplan] — Rachel, what do you want? A penthouse? It’s yours, Rachel! Penthouse in France? You want France? You want to go fishing in France? No?”
As Maddow giggled at Carroll’s remarks, Carroll’s attorney jumped in and said, “That’s a joke.”