Ex-Prosecutor Tells CNN Trump is Actually ‘Getting an Advantage’ in E Jean Carroll Trial — Despite Judge Repeatedly Scolding His Lawyer

The penalty phase of former President Donald Trump’s defamation trial against writer E. Jean Carroll was adjourned on Monday after a juror was sent home after exhibiting Covid symptoms. And one commentator on CNN argued this was indicative of how the judge has handled this case — by giving Trump better treatment than other defendants.

Trump was expected to take the stand on Monday in front of a jury of nine people, despite his presence not being required for this phase of the trial. But the ex-president has been using the stand as a stump, using his “testimony” as an opportunity to campaign, which has earned him and his legal team a few rebukes. Trump’s supporters claim that he’s being treated differently than other defendants — and former federal prosecutor Jeremy Saland agreed, but with a big caveat.

CNN legal analyst Elie Honig explained what is expected of a defendant in this phase of a civil trial:

So judges do have a lot of discretion when it comes to scheduling and adjournments. And candidly, by the way, if there’s a death in the family, most judges would adjourn for a party and say, “Go to the funeral, come back the next day.” Judge [Lewis] Kaplan was not willing to do that last week because he said, “You have the option. You’re a party. It’s a civil case.” Criminal case, the defendant has to be there. But he said, civil case, you can choose to be here or not be here.

But if you’re testifying, you do have to be there physically. Right? So it’s a little bit of a different calculation here for Judge Kaplan. It sounds to me, based on what [CNN’s Paula Reid] said, that the judge who I know, I’ve appeared in front of a bunch of times, is leaning towards adjourning for tomorrow, given that we’re talking about the defendant’s ability to testify and potential just practical issues about who’s sick with what. So that, I think is the more likely scenario. But Judge Kaplan does not have to do that.

But as CNN anchor John Berman pointed out, if Trump was just a Regular Joe, he might not have gotten that adjournment:

But your day job, you wouldn’t be able to get out of it if your day job were, you know, a janitor, right? Donald Trump’s day job right now is running for president. In theory, that shouldn’t be enough to to have them reschedule the court calendar.

Saland told Berman:

Anybody who says Donald Trump is being treated differently than another American citizen is absolutely correct, but likely for the wrong reason. Meaning, he’s getting an advantage and a benefit that many of us would never even consider from a judge or receive. He is absolutely getting that wide range to do what he needs to do to pursue his politics in the presidential election, more so than any of us would ever have that opportunity.

Watch the video above via CNN.