November 23, 2025
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10:10Now PlayingBrian Kabateck and Shant Karnikian dissect Trump's 33-page petition asking the Supreme Court to overturn the $5 million sexual abuse and defamation verdict won by E. Jean Carroll. The hosts, both experienced in representing sexual abuse victims, explain why Trump's four arguments are legally weak and morally despicable. First, Trump claims improper "propensity evidence" including the Access Hollywood tape—but Federal Rule of Evidence 415 specifically allows similar acts evidence in civil sexual assault cases. Second, he argues insufficient evidence without eyewitnesses or physical proof—an argument that would undermine every sexual abuse case where victims rarely have witnesses. Third, Trump claims political motivation because Carroll came forward during his presidential run—but this mirrors every serial abuse case where one victim comes forward first. Finally, he invokes presidential immunity despite already losing at trial, on Second Circuit appeal, and when seeking en banc review. Brian notes this is a "three-time loser" case, and the Supreme Court—which hears only 1-2% of petitions—typically avoids fact-heavy evidentiary disputes. The hosts call this a litmus test: if the Supreme Court agrees to hear this run-of-the-mill case, it proves they're in Trump's pocket.
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