E. Jean Carroll and her attorney Roberta “Robbie” Kaplan responded to former President Donald Trump’s bid to postpone payment of his defamation award in a caustic letter to the court, undermining Alina Habba’s legal case.
Kaplan led the team that delivered a stunning $83.3 million verdict against Trump for defaming Carroll while he was president, while Habba represented the losing side.
Habba and Trump are now attempting to obtain a stay on that decision pending post-trial motions, which include attempts to lessen or abolish it.
Habba argued that requiring a bond is unnecessary when the defendant’s ability to pay the judgment is clear.
Carroll’s attorney refuted that reasoning in a letter to Judge Lewis Kaplan on Monday, stating that “Trump offers no alternative means other than his own unsubstantiated claim so that he will have $83.3 million available” to pay following his appeals.
Dear Judge Kaplan:
We write in brief response to Defendant Donald J. Trump’s reply memorandum in support of his motion to stay execution of the judgment, ECF 306, where he (incorrectly) claims that we mischaracterized Second Circuit law concerning Rule 62(b), id. at 1. Specifically, Trump points to In re Nassau County Strip Search Cases, where the Second Circuit stayed enforcement of the judgment “without the posting of a bond or other condition.” 783 F.3d 414, 417 (2d Cir. 2015). But the Second Circuit did so only because the defendant Nassau County, a governmental entity, had affirmatively “demonstrated the existence of appropriated funds, available for the purpose of paying judgments without substantial delay or other difficulty.” Id. at 418 (citation omitted).
This is fully consistent with our position: “to secure relief from the normal requirement of posting a bond, the requesting party must offer some ‘alternative means,’ the whole point of which is to make sure the appellee will be made whole in the event she succeeds on appeal.” ECF 303 at 3. In Nassau, those alternative means consisted of a dedicated and readily collectible governmental appropriation; here, in stark contrast, Trump offers no alternative means other than his own unsubstantiated say so that he will have $83.3 million available when Carroll prevails on appeal.
Respectfully submitted,
Roberta A. Kaplan
The judge issued an electronic order on Monday, expressing a sense of urgency by stating that a decision will be made as promptly as possible. However, the judge made it clear that the decision will not be made on the same day, without providing any hints about the outcome or the specific timing.
