Former President Trump is currently facing rape charges in a civil trial. That a prosecution for rape involving a former U.S. president is not receiving more attention is also noteworthy.
It was Joe Tacopina’s cross-examination of E. Jean Carroll, the odd woman that has accused Trump of rape, that made headlines today in the trial. As Trump’s lead attorney, Tacopina is the type of “pit bull” lawyer the media loves to loathe.
Reports have called Tacopina’s cross-examination “derisive, derogatory, and dismissive.”
Tacopina’s countenance is characterized mainly as off-putting. And it appears the judge assigned to the case is not a supporter. However, Tacopina owes Carroll nothing. It must be assumed that Tacopina’s client has been falsely accused of rape by Carroll, and it is his responsibility to prove his client’s innocence. Making Carroll appear dishonest is an excellent method to achieve this goal.
19FortyFive notes that while society may be expected to show people who have been raped the deference and respect due to a victim, that’s not what a trial is all about. The plaintiff is not a victim. That is what is to be determined by the prosecution. And defense lawyers rarely give plaintiffs much leeway, no matter how delicate the claims.
Tacopina can be as inconsiderate of Carroll as he likes. It’s his duty to be so contemptuous of Carroll that the jury does so as well.
The left-wing outlet, The Daily Beast, seems not to understand this basic concept, saying that Tacopina claimed in court that Ms. Carroll provides merely a ‘story’ that Donald Trump raped her.
What does the Daily Beast expect, that the defense accepts her true story? Why have the trial?
Should Tacopina carry himself as if Trump committed the crime because Carroll said so? That may be the bar at The Daily Beast, but thankfully it isn’t in the law courts.
Tacopina’s job is to examine a plaintiff’s assertions meticulously, poke holes in them, and test their logic. Rape is a severe crime; thus, anyone claiming they were the victim of one should be prepared to stand trial in public using tax dollars. The defense counsel is a check and balance to ensure the defendant is telling the truth.
It’s not an exaggeration to suggest that Tacopina, as disagreeable as he may be, serves the public well.