Yesterday, Donald Trump appealed to the Second Circuit to overturn the $5 million E. Jean Carroll defamation and sexual assault verdict. Trump and his team argued many points, including disputing how Judge Lewis Kaplan, who resided over the trial, handled it, arguing certain evidences were not properly accounted for and a complaint that Trump was not allowed to introduce DNA evidence from the dress Carroll claims to have worn on the day he allegedly assaulted her. The full text of their grievances can be viewed here.
In addition to other arguments, Trump’s lawyers have also contested the handling of the Access Hollywood tape, claiming that the district court’s decision to admit the tape under Rule 415, as “evidence that the party committed any other sexual assault or child molestation.”, was problematic. They argue that the case should be reversed as the court decided, after the trial, that the tape had been admitted under Rule 404, not Rule 415. You can review the full statement here.
Further attempts to relitigate the admission of evidence by two other Trump accusers, Natasha Stoynoff and Jessica Leeds, are also made as Trump’s team argue these incidents would not fall under the definition of ‘sexual assault’ as the objective of the alleged infringing action was not achieved due to interruptions or the location of the event (an aircraft potentially flying over international waters).
These compilations of arguments can be followed in the SDNY Court Listener Docket and the Second Circuit Docket.