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The underlying claim rests on Carroll’s allegation that Trump assaulted her in a Bergdorf Goodman dressing room sometime in 1995 or 1996. No police report. No contemporaneous complaint beyond two friends she says she told. No surviving security footage — Bergdorf confirmed it keeps none from that era.
Trump denied ever meeting Carroll. A 2022 deposition produced the one photo of them together: a receiving line at a 1987 NBC charity event, lasting five or six minutes by Carroll’s own account. Trump’s explanation — that he shook thousands of hands at charity events and couldn’t place every face decades later — is eminently plausible to anyone who has ever worked a receiving line at a large event. A forgotten face in a 35-year-old photo proves nothing about a private dressing room incident.
A sympathetic jury still found Trump liable and awarded Carroll tens of millions. The Second Circuit upheld it.
The rules of evidence exist precisely because our system is built on the principle that you get held liable for what you did — not for who you are or who else says you did something similar. Carroll’s legal team leaned hard on the “who you are” version. It worked.
Brett Kavanaugh nearly lost his Supreme Court seat over an allegation where the accuser couldn’t fix the year, the house, or the guest list, and her own named witness said she had no memory of the event. That standard should apply equally here — not selectively based on who is on the other side of the caption.
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