The MeidasTouch Podcast Trump Lawyer Makes FATAL ERROR to Jury at Trial
Jan 20, 2024
The podcast dives into a glaring error made by Donald Trump's lawyer during the E. Jean Carroll defamation trial that could sway the jury. It critiques the misguided legal arguments about a victim's duty to mitigate damages, exposing flaws in the lawyer's understanding of New York law. The discussion also contrasts historical legal cases, highlighting the nuances of applying mitigation principles. Additionally, it showcases innovative sleep products that incorporate NASA technology, blending legal analysis with a touch of lifestyle promotion.
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Habba's Misrepresentation of Law
- Alina Habba, Trump's lawyer, falsely claimed E. Jean Carroll had a duty to mitigate damages in the defamation trial.
- Habba stated Carroll exacerbated damages by publicly discussing the alleged assault.
No Duty to Mitigate in Defamation
- New York law doesn't require defamation victims to mitigate damages, especially in cases involving malice.
- Habba's argument contradicts legal precedent and common sense, especially for sexual abuse survivors.
Waived Defense
- Habba failed to assert the duty to mitigate as an affirmative defense in her pleadings, further weakening her case.
- Even if such a duty existed, Habba waived the defense by omitting it from her initial filings and pretrial order.