“Repeatedly shut down by Judge Kaplan”: Experts say Trump lawyer’s cross-examination was a disaster

E. Jean Carroll on Monday concluded her testimony after three days on the stand in Manhattan federal court.

Trump attorney Joe Tacopina during his cross-examination of Carroll tried to highlight what he suggested were discrepancies between her testimony and her statements in interviews, her book, depositions and social media posts.

Legal experts said Tacopina's strategy may backfire with the jury.

Former federal prosecutor Mitchell Epner wrote at The Daily Beast that Trump's attorney "gave an object lesson on how NOT to conduct a cross-examination in federal court."

Tacopina before the third day of the trial filed a letter asking Judge Lewis Kaplan, who is overseeing the rape and defamation trial, to declare a mistrial, arguing that the judge had made biased rulings against Trump. Kaplan quickly rejected the ruling on Monday morning.

"This motion never had a chance of success. At best, it was performative–designed to give Tacopina the chance to demonstrate to Trump that he was trying his best to get Judge Kaplan to reverse himself," Epner wrote, noting it was one of several times that Tacopina was "repeatedly shut down by Judge Kaplan."

"Judge Kaplan frequently treated Tacopina as a fool who did not know the basics of the rules of evidence," Epner explained. "He sustained several objections to lines of questions, just as Tacopina thought he was about to score points."

Tacopina pressed Carroll on social media posts in which she expressed that she was a fan of "The Apprentice" and joked about having sex with Trump for money, according to Politico. At another point, he questioned her about whether she had seen a 2012 "Law & Order: SVU" episode in which a character fantasizes about a rape in the dressing room of Bergdorf Goodman, the store where Carroll alleged she was raped by Trump in the 1990s. Carroll denied that she had ever seen the episode.

During another exchange, Tacopina questioned why Carroll described her life as in shambles since she went public but tells people publicly that she is doing great.

"I always say my life is fabulous," Carroll said.

"Except in this courtroom," Tacopina shot back.

Carroll explained that in court, "I have to tell the truth."

Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

Former U.S. Attorney Harry Litman said Tacopina made "several textbook errors" during his questioning, citing the "Law & Order" and "fabulous" exchanges that suggested "she made it up" or the "assault didn't damage her."

"Tacopina really blew it," Litman tweeted, adding that his cross-examination was particularly important to the former president's defense because Trump himself won't testify.

Epner wrote that Tacopina repeatedly "violated cardinal rules of cross-examination" by giving Carroll the opportunity to repeat her direct testimony and struggling to debunk her statements. During another exchange, "Tacopina lost control" by playing an entire 10-minute interview Carroll gave to CNN.

"Tacopina gave the jury the opportunity to see Carroll once again cogently describe being sexually assaulted by Trump," he wrote. "While the video was playing, Tacopina was literally reduced to being an observer."

Epner acknowledged that Tacopina had "about five minutes of strong cross-examination" but it was "hidden in about eight hours of ineffective questioning."

Litman added that it is "all uphill for Tacopina from here" as Carroll's legal team plans to question two witnesses who say Carroll told them about the attack and two witnesses who similarly accused Trump of sexual assault.

"The only way he can push back is through cross," Litman tweeted, because "Trump can't and won't testify."