Here’s the List of Things Trump Can’t Say at the Next E. Jean Carroll Trial

A federal judge on Tuesday set strict limitations on what Donald Trump and his attorneys can say during the former president’s upcoming trial for defaming the writer E. Jean Carroll.

Trump will go on trial starting next Tuesday for comments he made in 2019, when he said Carroll accused him of raping her just to promote her memoir. Presiding Judge Lewis Kaplan has already determined that Trump is liable for defamation, so the trial is primarily to set damages.

Kaplan issued an order Tuesday barring Trump and his lawyers from discussing Carroll’s choice of lawyer or who might be paying her legal fees. They are prohibited from making comments “concerning Ms. Carroll’s past romantic relationships, sexual disposition, and prior sexual experiences,” and they cannot argue that Trump did not sexually abuse Carroll or act with actual malice when making his comments about her.

Trump’s legal team has argued that Carroll’s lawsuits are just another witch hunt against the former president. They claim her lawyer Roberta Kaplan (no relation to the judge) is biased because she has represented prominent Democrats, and that the whole lawsuit is being funded by a left-leaning billionaire.

Judge Kaplan had already ruled over the weekend that Trump can’t argue he didn’t rape Carroll. Although Trump was found liable for sexual abuse, Kaplan has repeatedly stated that Trump “‘raped’ her as many people commonly understand the word ‘rape.’”

In May, a jury unanimously found Trump liable for sexual abuse and battery against Carroll in the mid-1990s and for defaming her in 2022 while denying the assault. He was ordered to pay her $5 million in damages.

Kaplan ruled in September that since Trump has already been found liable for sexual abuse, his 2019 comments are by default defamatory. Carroll is now seeking up to $12 million in damages.

Legal analyst Lisa Rubin noted Tuesday that Kaplan’s latest ruling might convince Trump not to testify in next week’s trial. Rubin explained that Trump’s testimony could result in higher punitive damages, and he might violate the order while on the stand.

Trump has already shown it will be difficult for him not to bring up Carroll’s past sexual experiences. Carroll wrote a popular sexual advice column in Elle magazine for nearly three decades. Just last week, over the span of about 30 minutes, Trump made 31 posts about Carroll on Truth Social. Among the many things he shared were media interview clips and social media posts that appear to come from Carroll, all stripped of context so as to paint her as some sort of sexual deviant.

Less than three months into Mike Johnson’s tenure as speaker of the House, some House Republicans are already experiencing buyer’s remorse.

Texas Representative and Freedom Caucus member Chip Roy on Monday publicly raised the possibility of dumping Johnson as speaker.

Questioned by CNN’s Kaitlan Collins, Roy mentioned “colleagues that are really frustrated” with Johnson and alluded to “real conversations this week about what [House Republicans] need to do going forward,” calling the situation “[not] good.”

And Roy is not alone. As Punchbowl News reports, some House Republicans have “significant concerns” about whether Johnson—the least experienced speaker in 140 years—is “in over his head.” At least one Republican claimed Johnson is “getting rolled even more than [ousted former Speaker Kevin] McCarthy did.”

Conservative dissatisfaction with Johnson stems from what some see as his acquiescence to President Biden and House Democrats on spending. Johnson over the weekend agreed to a $1.59 trillion spending deal for 2024. Under the deal, fiscal spending will be limited to what was mostly laid out in June’s Fiscal Responsibility Act, which averted a government shutdown at the time but also angered the Freedom Caucus and in part led to McCarthy’s ouster.

In the green but hard-line Johnson, Republicans like Roy saw a figure more amenable to their brand of austerity and obstructionism. Facing his first real test, however, Johnson seems to have failed in the eyes of some of his colleagues.

Now concerns over Johnson’s ability to lead are trickling out via anonymous quotes from “VERY well connected” House members.

Johnson’s rise from little-known Louisiana congressman to speaker of the House in the 23 days following McCarthy’s removal was seen as a win for the party’s right wing; Johnson’s 2020 election denial and social conservatism (he opposes abortion rights and same-sex marriage and sees his election as divinely ordained) allowed anti-McCarthy holdouts to coalesce around his candidacy.

But the one-member threshold for vacating a House speaker, which McCarthy implemented and which led to his own ousting, is still in place.

And now, it seems Johnson’s days as speaker may be numbered.

One of Donald Trump’s lawyers on Tuesday made a shocking new defense of “presidential immunity”—and in the process accidentally destroyed one of the former president’s arguments for why he shouldn’t be charged for his role in the January 6 insurrection.

Trump has repeatedly insisted that he cannot be prosecuted for trying to overturn the 2020 election, because he has presidential immunity from criminal proceedings. His lawyers presented his case to a panel of three appellate judges in Washington, D.C., on Tuesday.

At one point, Judge Florence Pan asked if a president would be immune from criminal prosecution if he had ordered Seal Team 6 to assassinate a political rival. She noted that an order to Seal Team 6 would be an official act.

Trump’s lawyer John Sauer said the president could be prosecuted, but only if he had been impeached and convicted first.

That’s a terrifying interpretation on its own, but Pan took it one step further. She pointed out that this would mean presidents can be criminally prosecuted under certain circumstances. In other words, Trump does not have absolute immunity.

“Doesn’t that narrow the issues before us to…‘can a president be prosecuted without first being impeached and convicted?’” Pan said. “All of your other arguments seem to fall away.”

“Once you concede that there’s not this absolute immunity, that the judiciary can hear criminal prosecutions under any circumstances—you’re saying there’s one specific circumstance—then that means that there isn’t this absolute immunity that you claim.”

Pan also noted that Trump appeared to be trying to have it both ways. During his second impeachment trial, Trump and some of his Republican allies argued that the Senate shouldn’t convict him because he would face criminal prosecution later. But now, he claims he shouldn’t have to face prosecution, either.

If the appellate judges rule against Trump, then the case will likely head to the Supreme Court. This could delay Trump’s trial, which is currently set to begin on March 4, the day before Super Tuesday.

Trump was indicted in August for his role in the January 6, 2021, insurrection and other attempts to overturn the 2020 presidential election. He faces one count each of conspiracy to defraud the United States, conspiracy to corruptly obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote.

Trump has pleaded not guilty to all of the charges and has insisted the case should be dismissed altogether. He argues that former presidents can’t be criminally charged for actions related to their official responsibilities. He did not explain how overturning an election was related to official presidential duties.

While many critics say Trump’s immunity claim is a desperate attempt to avoid accountability, it could also be an attempt to ease his path towards increased power. As Greg Sargent writes for The New Republic, “If he wins on this front, he’d be largely unshackled in a second presidential term, free to pursue all manner of corrupt designs with little fear of legal consequences after leaving office again.”

X, formerly known as Twitter, on Tuesday temporarily suspended the accounts of multiple prominent journalists and left-leaning commentators and comedians, many of whom were critical of X owner Elon Musk.

The social media platform gave no explanation for the sudden purge, saying only that the accounts “violate the X rules.” The X rules prohibit violent or hateful speech, child exploitation, private information sharing, and fake information.

But the accounts in question do not post that kind of content. The reporters who were banned include Steven Monacelli, a journalist at the Texas Observer who covers extremism, and Ken Klippenstein, who covers national security for The Intercept. Last year, Klippenstein published a piece on the errors with Tesla’s self-driving feature, and Monacelli noted that X shadow-banned the Intercept author since then.

MintPress News reporter Alan MacLeod, who recently has extensively covered Israel’s approach to the war in Gaza, and leftist podcaster Rob Rousseau were also suspended Tuesday.

The accounts for @liamnissan, @zei_squirrel, and the TrueAnon podcast were suspended, as well. The @liamnissan account posts mostly comedic commentary, including criticisms of Musk. The TrueAnon podcast provides left-wing analysis of current political events and conspiracy theories.

The @zei_squirrel account is another left-leaning commentator who has been critical of Musk in the past. In a post on their Substack Tuesday, the @zei_squirrel writer noted that they had recently begun to criticize Bill Ackman, a hedge fund billionaire and friend of Musk’s who helped lead the campaign against former Harvard University President Claudine Gay. Ackman’s wife was recently accused of plagiarism, the same charge that brought down Gay.

All of the suspended accounts were reinstated a few hours later, but initially with significantly lower follower counts than before.

This is at least the fifth time that X, under Musk, has purged accounts that are the slightest bit critical of him, his friends, or causes he supports. Shortly after taking the social network’s reins in October 2022, the self-proclaimed “free speech absolutist” banned the accounts of multiple actors and comedians who made fun of him.

Just a month later, accounts for people including Dean Baker, the senior economist at the Center for Economic and Policy Research, and Andrew Lawrence, deputy director of rapid response at the left-wing watchdog Media Matters, were temporarily suspended. Both men have been critical of Musk. Also that month, the accounts for several high-profile journalists including Keith Olbermann, Aaron Rupar, Ryan Mac, and Drew Harwell were temporarily suspended.

Dell Cameron, a reporter for Wired, was banned in April last year for reporting on the hacker who targeted far-right commentator Matt Walsh.

Ironically, if X wants to ban an account that violates platform rules, the company need look no further than its owner. Musk’s personal account is a major source of hate speech and disinformation. In addition to aggressively antisemitic posts, Musk also regularly lets Nazis back on X, shares transphobic content, and spreads conspiracy theories.

This article has been updated.

Explosive new audio of Roger Stone reveals the longtime Trump ally was trying to plot the assassinations of two outspoken Democratic congressmen.

A few weeks before the 2020 election, Stone told a member of his security detail that he wanted either Representative Eric Swalwell or Representative Jerry Nadler (or both) killed, according to audio obtained by Mediaite. At the time, Nadler had just announced that the House Judiciary Committee, on which he and Swalwell serve, would investigate Trump’s decision to commute Stone’s sentence for federal crimes.

“It’s time to do it,” Stone told Sal Greco, then a member of the NYPD who was working as Stone’s security. “Let’s go find Swalwell. It’s time to do it. Then we’ll see how brave the rest of them are. It’s time to do it. It’s either Nadler or Swalwell has to die before the election. They need to get the message. Let’s go find Swalwell and get this over with. I’m just not putting up with this shit anymore.”

A source familiar with the conversation, speaking anonymously, told Mediaite they believed Stone was serious. “Stone had been at war with Nadler and Swalwell for years. He just hates them,” the source said. “He just wanted to get Trump back into office so these things would stop.”

Stone, a notorious conservative political operative, has long been a loyal Trump adviser and ally. Video footage released in August revealed that Stone began strategizing to overturn the 2020 election at least as early as November 5—two days before the vote had been called.

And Stone has been rewarded over the years for his loyalty. Stone was convicted in July 2019 in relation to special counsel Robert Mueller’s Russia probe. Stone was found guilty of lying to Congress, witness tampering, and obstruction of a proceeding.

Prosecutors wanted Stone to be sentenced to nine years in prison, but Trump’s Justice Department reportedly intervened to give him a shorter sentence. Then, just days before Stone was due to go to jail, Trump commuted his sentence entirely. Nadler announced the House Judiciary investigation into the commutation just a few days later.

Four of the prosecutors abruptly quit the case following the Justice Department’s intervention. At least one, Aaron Zelinsky, acknowledged he had left in protest. A separate audio recording revealed Stone wanted retribution against Zelinsky, as well.

“He needs to be punished,” Stone told Greco, who has not worked with the NYPD since August 2022. “You have to abduct him and punish him.”

Stone denied making the comments about Zelinsky, Swalwell, or Nadler and said the audio had been made with artificial intelligence.