A judge in the United States rejected the request of the lawyer representing former President Donald Trump for a mistrial. The decision follows the lawyer’s accusation that the judge was biased against the former president even in the presence of a jury.
ABC News reported that the judge denied the request made by Trump lawyer Joe Tacopina in an 18-page filing at a federal court in Manhattan on Monday. Tacopina accused Judge Lewis Kaplan of being biased against the former president even as the jury was present during the proceedings that started last week. Tacopina said the effect of Kaplan’s rulings “manifests a deeper leaning toward one party or another,” citing the comments where Tacopina alleged that the judge “openly expresses favoritism.”
Kaplan denied the motion for the mistrial before testimony was to resume on Monday but did not cite the reason why.
It should be noted that mistrial requests are rarely granted but can serve as the basis for possible appeals. It appears likely that Tacopina was hoping that Kaplan would grant a version of his requests, according to the Associated Press. This includes Tacopina asking for Kaplan to correct the record on the rulings that might have mischaracterized the evidence or grant Tacopina more latitude in questioning accuser E. Jean Carroll.
Carroll filed a lawsuit against the former president in November for rape under a law in New York that would allow victims of sexual assault to sue their abusers for attacks that happened even decades ago. The proceedings resumed on Monday with Tacopina cross-examining Carroll for the second day while Trump himself flew to Scotland.
Carroll has alleged that Trump raped her in the dressing room of a Bergdorf Goodman in midtown Manhattan in 1996. Trump has long denied the accusation but has later resorted to publicly insulting the former columnist, who has since added a defamation claim to her case.
This is not the only legal battle that the former president is also facing in New York as a court filing by his lawyers on Monday said Trump should be able to talk about the evidence in a criminal case made against him over a hush money payment to an adult film star. The filing comes ahead of the hearing that will take place on Thursday.