In a normal courtroom, this would be an impossible case to prove. But this is New York court composed of a jury pool that is decidedly anti-Trump. So, it won’t be easy for the defendant’s lawyers to persuade a jury to set aside their biases…and judge the case based on the paucity of evidence. Indeed, there is no evidence and no eyewitnesses. The plaintiff can’t even tell you what year the incident supposedly happened, much less the month or day. So, this is a classic “he said, she said” case.
Much will come down to E. Jean Carroll and her credibility. Does she hold up under a withering cross-examination? But it also comes down to common sense. Does the story she tells make any sense? A sexual assault in a changing room at the Tony Bergdorf Goodman store? If you’ve ever visited there, it’s like a tomb. With well-dressed clerks hovering over select customers. It’s not a zoo like Macy’s. So, could something like that happen and no one heard or saw it? The defense claims she has ulterior motives to lie: money, status, and political reasons. But bear in mind this is a civil case for money damages, not a criminal case.