- The Washington Times - Monday, January 22, 2024

A New York judge on Monday postponed testimony in E. Jean Carroll’s defamation case against former President Donald Trump due to COVID-19 concerns among courtroom participants.

Mr. Trump watched from the courtroom as U.S. District Judge Lewis A. Kaplan decided to put off testimony until Tuesday, the same day as the first-in-the-nation Republican primary in New Hampshire.

The judge delayed the trial after a juror felt ill and was instructed to get tested for COVID-19.

Mr. Trump’s attorney, Alina Habba, also reported that at least one of her parents has COVID-19 and she exhibited symptoms of a fever in the last two days after having dinner with them several days ago. She tested negative for the virus on Monday, though.

Ms. Habba asked if Mr. Trump’s testimony could be delayed until Wednesday because of the New Hampshire primary on Tuesday. The judge did not immediately rule.

Mr. Trump had signaled he wanted to testify against Ms. Carroll, a columnist who alleges the former president raped her in a department store in 1996 and defamed her when she came forward decades later.

Unless the judge grants the defense’s request for a further delay, Mr. Trump must decide whether to return to court on Tuesday or spend all day in the Granite State.

The New Hampshire primary will determine whether Mr. Trump will continue to face competition from Nikki Haley, the former governor of South Carolina, or will coast to the Republican presidential nomination.

Nine jurors are considering whether Ms. Carroll is entitled to new damages because of comments Mr. Trump made as president in 2019.

A previous jury awarded her $5 million after finding Mr. Trump liable for sex abuse and defamation claims related to her claims and the former president’s comments from 2022.

The court said the liability finding from the first trial would carry over to the second trial, so jurors need only determine how much Mr. Trump must pay.

Because of those parameters, Judge Kaplan will restrict what Mr. Trump can say if he takes the witness stand.

Mr. Trump told supporters over the weekend he was looking forward to Monday’s session.

“I don’t have to be there, but I want to be there because otherwise, I can’t get a fair shake. I’m going to be in court,” Mr. Trump said while campaigning in Rochester over the weekend.

Mr. Trump missed courtroom action on Thursday because he attended his mother-in-law’s funeral in Florida.

Things turned testy earlier in the trial when Judge Kaplan scolded Mr. Trump for his audible reactions to Ms. Carroll’s testimony.

This article is based in part on wire service reports.

• Tom Howell Jr. can be reached at thowell@washingtontimes.com.

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