Serious Trouble

More Than Incremental Damages


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The verdict has come down in the latest E. Jean Carroll defamation case against Donald Trump and the award is enormous: $83.3 million, or more than 16 times the $5 million she was awarded in the first defamation trial. Trump’s bizarre trial strategy is a likely culprit behind the huge judgment: his choice of a combative-yet-incompetent lawyer, his tactic of making as obnoxious a spectacle of himself as possible, and his insistence on relitigating questions that were supposed to have been settled in the first case, all failed to combine to send the jury any message like “this man has already been ordered to pay enough money.”

Huge damage awards often get reduced — will this one?

Also in this episode: Peter Navarro is sentenced to jail time, a judge is sick of hearing that the January 6 defendants are getting a raw deal, another judge does not think it is cool that an IRS contractor illegally leaked Donald Trump’s tax returns, and many listeners correctly identified the first federal judge we deemed "long suffering."

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Serious TroubleBy Josh Barro and Ken White

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