The notorious "Access Hollywood" tape did not derail Donald Trump's political career in 2016, but it may come back to haunt him in a current lawsuit, potentially damaging his chances for a political comeback.
E. Jean Carroll, a former Elle magazine advice columnist, has filed a federal lawsuit against Trump, accusing him of rape in the mid-1990s and defamation after her public disclosure of the alleged incident in her 2019 book, "What Do We Need Men For? A Modest Proposal." The trial entered its third week on Monday, with opposing counsel presenting summations in Manhattan federal court.
The civil case does not focus on criminal charges but rather the New York state torts of battery and defamation. However, if the nine-member jury were to find Trump liable, it would be based on the belief that he sexually assaulted Carroll and later falsely claimed she fabricated the story.
Despite the attention on other investigations into Trump, a jury finding of liability in this case could have a profound political impact. This would be unprecedented for a former president or a significant presidential candidate.
Although the criminal statute of limitations has expired, a jury finding of liability could be politically devastating for Trump's candidacy.
Carroll's legal team has strategically made Trump the central witness in the case. Rather than having Trump testify in person, they have focused on his appearance in the "Access Hollywood" tape. Judge Lewis Kaplan permitted Carroll to play the tape for the jury and allowed testimony from two other women who claim to have been sexually assaulted by the former president.
Carroll's lawyers played the recording during the testimony of Natasha Stoynoff, who tearfully recounted an incident in which she claims Trump forcibly kissed and pressed against her at Mar-a-Lago. This allowed the jury to hear Trump's boasting about being sexually aggressive with women in the context of a real person claiming it happened to her.
Roberta Kaplan, Carroll's chief lawyer, reminded the jury of Carroll's allegations of Trump's painful assault during her summation on Monday, quoting Trump's words from the infamous tape.
There are significant questions about Carroll's claims, such as her inability to recall the exact date of the alleged rape and her continued engagement with Trump-related entities. Trump's lawyer Joe Tacopina argues that Carroll waited decades to go public in an attempt to sell a book.
Despite these concerns, Carroll has made Trump's own words from the "Access Hollywood" tape a central part of her case. The question remains whether Trump's past statements will ultimately be his undoing.
Andrew C. McCarthy is a former federal prosecutor.