Judge criticizes Trump’s midtrial mistrial request in Carroll defamation case

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NEW YORK — The federal judge who presided over the jury trial that resulted in an $83 million award to writer E. Jean Carroll for her defamation claims against former President Donald Trump said Wednesday that his rejection of his lawyer’s unusual midtrial mistrial request was not a close call.

Judge Lewis A. Kaplan issued a written opinion to explain his swift denial of attorney Alina Habba’s mistrial request, which she made in front of a Manhattan jury as Carroll testified about her instinct to immediately delete death threats she received in emails after the public first heard of her rape claims against Trump.

Habba said a mistrial was in order because Carroll, 80, was confessing that she destroyed evidence that should have been preserved for trial. Generally, lawyers make mistrial requests out of the presence of a jury.

“The motion made no sense,” Kaplan wrote, explaining that Habba had known for more than a year that Carroll had said that she deleted some emails making death threats against her and yet waited until trial to act surprised and request a mistrial. “Granting a mistrial would have been entirely pointless.”

In addition, the judge said, neither Habba nor Carroll’s lawyers managed to elicit from Carroll exactly what she had deleted and for how long. He called their questioning “confusing” and said the record on the subject was left “unclear.” And he said Habba had failed to take any steps to try to recover any deleted materials through other means or to ascertain whether they were emails or social media posts.

Kaplan’s ruling came after a trial in which the judge several times criticized Habba’s skills, including once when he suggested to her that she use a break in the trial to review the rules on how evidence is introduced at a trial. Out of the presence of the jury one day, the judge even threatened to jail her if she didn’t stop talking.

The $83.3 million award by the jury two weeks ago came over statements Trump made while he was president. In statements to the media, Trump denied he had ever sexually assaulted Carroll, claimed he didn’t know her and said she was making up her claims to sell a newly published memoir and perhaps to hurt him politically.

Habba has promised to appeal, saying the day of the verdict that Carroll benefitted from suing Trump in a state “where they know they will get juries like this.”

She added: “It will not deter us. We will keep fighting. And, I assure you, we didn’t win today, but we will win.”

Habba did not immediately return a request for comment on Wednesday.

The jury award — $65 million of which was for punitive damages — was in addition to a $5 million award from a Manhattan federal court jury last May that concluded Trump had sexually assaulted Carroll in a luxury Manhattan department store dressing room in spring 1996 and then defamed her in October 2022. The jury rejected Carroll’s rape claim, though the judge later said what the jury found would be considered rape in other jurisdictions.

Kaplan said in his opinion Wednesday that it was possible that Carroll, rather than Trump, was harmed by the inability to show jurors the death threats.

“With fewer examples to show, Ms. Carroll’s case for damages was weakened, and Mr. Trump benefitted as a result,” Kaplan wrote.

Trump, 77, showed up for the most recent trial and testified briefly, but his testimony was severely limited because the judge had instructed jurors that they must accept the findings regarding sexual assault and defamation by the jury last May as true. Trump did not attend the first trial.

St. Paul native and Vikings superfan to compete on Thursday’s ‘Wheel of Fortune’

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St. Paul native Kiera Morris will compete on Thursday’s episode of “Wheel of Fortune,” which airs at 6:30 p.m. on WCCO.

Kiera Morris on the “Wheel of Fortune” set. (Courtesy of Carol Kaelson/Wheel of Fortune)

Kiera’s appearance takes place during the show’s NFL Superfan Tournament, where contestants spin the wheel to solve puzzles to win cash, cars and trips. In this tournament, the three biggest winners from the first four nights return on Friday’s episode to battle it out for a VIP experience at Super Bowl LVIII in Las Vegas.

A Vikings fan enthusiast since the days her mother brought her to games as a child, Morris is also a “Wheel” fan who grew up watching the show with her grandfather, who has no idea she was on the show.

With any winnings, Morris plans to visit London with her mom.

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St. Paul Downtown airport lost traffic in 2023 while others gained

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The Metropolitan Airports Commission reported a traffic increase of 8.3 percent last year across its six general aviation airports in the Twin Cities area, but one of those locations saw a decrease.

The St. Paul Downtown airport, also known as Holman Field, logged an eight percent decline due in part to last year’s spring flooding, which caused temporary runway closures and reduced airfield capacity, according to a news release from the airports commission.

Two of the three runways at Holman Field were temporarily closed last spring as crews worked to install flood barriers to protect against the rising Mississippi River, which borders the airport. The third runway remained open, but at a shorter length due to the floodwall installation.

The floodwall was installed on April 12 and removed by May 4 and kept river water from reaching the runways, said Jeff Lea, strategic communications manager for the MAC, in an email.

The river reached 14 feet, or minor flood stage in mid-April, and rose to moderate flood stage around April 18 with the National Weather Service reporting a crest at 18.24 feet, a little more than a foot above major flood stage.

In 2022, Holman Field logged 41,592 takeoffs and landings, an increase of five percent from 2021’s total of 39,196 operations. For 2023, the airport logged 38,167 operations, according to the MAC, which owns and operates metro airport systems including Minneapolis-St. Paul International airport.

Lake Elmo, other airports up

(Courtesy of the Metropolitan Airports Commission)

Lake Elmo airport saw the largest increase in traffic last year, up nearly 30 percent with 41,593 operations in 2023 compared to 32,189 operations in 2022. The airport’s increased traffic also led to increased complaints, with the MAC receiving 4,291 noise complaints from 16 locations near the airport.

Lake Elmo’s new 3,500-foot runway, which opened in July 2022, is used by student pilots at Lake Elmo Aero, accounting for a large portion of the traffic — and the noise complaints. An updated noise-abatement plan is scheduled to be presented to the Lake Elmo Airport Advisory Commission on Feb. 26.

Other airports that saw an increase in 2023 were:

Airlake airport in Lakeville up 1.1 percent from 38,268 operations to 38,678
Anoka County-Blaine airport up 6.4 percent from 65,688 operations to 69,908
Crystal airport up 6.9 percent from 42,592 operations to 45,541
Flying Cloud airport in Eden Prairie up 11.7 percent from 122,281 operations  to 136,622

“Reliever airports” are used to reduce congestion that would otherwise impact larger airports, like MSP, which reported an 11 percent increase in passenger traffic for 2023.

At MSP, the largest contributing factor to increased passenger levels came from international travel, which accounted for nearly 3 million passengers resulting in a 47 percent increase compared to 2022.

“Our airports have experienced continued growth and energy as the general aviation sector continues to build momentum across Minnesota,” said Joe Harris, director of reliever airports for the MAC, in the release. “The growth has been steady and durable, even overcoming the effects of significant snowfall that impacted our region through the first several months of 2023.”

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‘We Are Vilified’: A Wyoming Democrat on His Party’s Struggles

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President Joe Biden isn’t going to win Wyoming in 2024 — and he doesn’t have to in order to hold the White House. But if Democrats don’t stop hemorrhaging support in rural areas, it could cost them in some of the key swing states they do need in November.

Party officials are well aware of that dynamic. Since 2021, the national Democratic Party has invested millions of dollars in a “Red State Fund” to build out organizing in Republican strongholds. The Biden administration has also made huge investments in rural America through rural cooperatives and the bipartisan infrastructure law, which the president and his cabinet secretaries highlighted last fall on a two-week tour.

Is any of it making an impact? I called up Greg Haas, the organizing director of the Wyoming Democratic Party, who said that it’s hard to break through to voters even with tangible projects.

“People are so interested in the hot-button things,” he said in an interview with POLITICO Magazine. “Right now one of the parties is spending most of the time talking about the ‘invasion’ at the southern border.”

In a state that Donald Trump won with over 70 percent of the vote in 2020, Wyoming Democrats face a steep journey to relevancy. But lately, Haas said, his difficulty in building support for Democrats has gone beyond a tough national climate or the state’s conservative lean.

Instead, the biggest challenge in organizing on the ground is America’s increasingly toxic political culture.

The following has been edited for length and clarity from two conversations.

From your perspective organizing in Wyoming, why do you think Democrats have struggled to compete in rural communities?

Something I’ve experienced traveling around the state is that there is a palpable fear of even letting your friends know you are a Democrat, or even in line with what Democratic politicians are doing. There’s vandalism that takes place here, and people are scared of that. Having your yard sign stolen or your flag taken down is one thing, but having your car keyed or trash left in your yard, that’s another. I know people who have been harassed after they are outed as a Democrat, and then people give them trouble. People hear those stories. They’re not fake. They’re not made up. I’ve seen and heard some really ugly language.

As a group, we are vilified. There’s a vocal part of the other political parties that makes up lies and says things about the Democratic Party to demonize us. There are Democrats who demonize other political parties, too. All of that tension leaves a bad taste in other people’s mouths. Most of us in Wyoming — people who are reasonable and love their state and their community — aren’t interested in just butting heads and this adversarial hatemongering. Nobody likes this angry style of dehumanizing communication.

Why do those conditions make it difficult to organize?

Well, connect that with the fear. People have a fear of being outed as a Democrat. It makes it harder to have friendly conversations even with our friends and family.

Do you have any strategies for organizing under such difficult conditions?

I have mixed results! My most successful way of overcoming that fear is through getting together to act together. So many rural Democrats feel like we are in a closet and we are on our own. We feel that people will hate us. If people feel like they can join this group, and by joining that group they are afforded some amount of protection, that can be appealing to people who feel like they have no voice. Joining the party can also give people a shield. Getting rural Democrats to know they are not alone can be satisfying and is central to the work that I do.

How about the candidates themselves? What are some of the challenges facing Democratic candidates as they run in such a rural, Republican state?

In rural places, a candidate goes out on the campaign trail and they say that the first thing they have to do is distance themselves from the national party. Now, I don’t think they have to do that, but they feel like they have to do that. They say, “I’m not a Democrat like national Democrats.” So much news is nationalized, and there is so much news that is sensationalized. I think if you want to talk to people about local issues, that’s what you should focus on. It’s OK to bring the conversation back to the local issue. Local Wyoming officials are not going to solve the border crisis in Texas. People’s emotions run high on those hot-button issues, but when it comes right down to it, this local community does not come together on party lines. It comes together on what’s best for the community.

Wyoming last had a Democratic governor — Dave Freudenthal — back in 2011. He was a conservative Democrat. Now, it’s not even close, a Democratic governor would have no shot. Why has that happened?

Well, there’s a lot of fear. There’s a lot of misinformation.

The world market is changing, and there’s a lot of people who — right or wrong — they feel like their livelihood is being threatened. And I think it’s easier to blame a group than it is to say, “Oh, it’s the market deciding that,” especially if you’re a pro-free market person always saying let the market decide.

There are more and more people who are really afraid of what’s going to happen to their family ranch, or am I going to lose my job? And when people are that scared, I think as humans we have a tendency to find somebody to blame. And there are a lot of toxic elements in our culture, that have risen in strength and a lot of poisonous ways of thinking about the other person. … You know, “This person that doesn’t look like me or the people I grew up with is either going to take my job, or my kids’ job, or they’re just going to mooch off or get everything for free.”

Are there certain issues that really motivate people to come out, organize and join their local Democratic Party in Wyoming?

The important things for Democrats are fully funded public education, people being treated equally and freedom being afforded to all people. It’s also pretty important to a lot of people in Wyoming, Democrats or otherwise, that women have the right to control their own bodies and their health care and that agency isn’t taken away from them. Climate matters to a lot of people, not in terms of climate change necessarily, but clean air and clean water.

Biden and his cabinet secretaries have recently traveled around to highlight investments the administration has made in rural America. Do you think that high-ranking Democratic officials showing up in rural areas makes a difference?

I absolutely think them showing up to explain and celebrate those programs could have immeasurable benefit. Them showing up would impact the narrative in the news, and it would help those who feel like they’ve been forgotten feel like they’re not. The people responsible for these good works are being too humble to talk about them.

What people are seeing and hearing is definitely one-sided. Over here in my community, the senior center is getting a new bus barn. There’s a sign over there that says “Project funded by President Joe Biden’s Bipartisan Infrastructure Law,” and there’s a Wyoming Department of Transportation logo and U.S Department of Transportation logo.

I called up the senior center to ask about it, and what was interesting is when I said I noticed the sign, I could almost feel the apprehension. It was as if the person was thinking, “Am I going to get blasted for having a sign that says Joe Biden on it?” There’s that guarded fear. That’s the only sign I’ve seen for any project in the state that says exactly where the money is coming from.

Is there anything the statewide party is doing to try and connect federal funding coming into these rural communities with the Democratic Party?

We’ve been working really hard on social media, online and through emails to get word out there that these things are happening because of a bipartisan infrastructure bill that was pushed through by the administration and by Democrats. So, we’re trying, yes.

But are those efforts actually making a dent in how people perceive the projects?

People are so interested in the hot-button things. Right now, one of the parties is spending most of the time talking about the “invasion” at the southern border. There’s a lot of energy spent talking about that. That’s the go-to talking point. That distracts people from the good things going on — the successful economy, good things that are happening in Wyoming and across the country. From what I can see, the Republican strategy seems to be, “If we can just get people afraid, they’ll vote for us.”

What is the influence of cable news and social media there in making so many of these conversations about national issues rather than local issues?

Absolutely, I do think that has a huge effect. I think the algorithms out there are really having a big effect on what people see and what you perceive. We have very little common consumption of news.

National politics is very tribal, and the culture war is everywhere. Is there just too big a divide between where national Democrats are and where most Wyoming residents are to win many over?

I don’t think the culture war divide is nearly as big as some people would like us to believe it is. Those large divisions are happening in places of power, not here on Main Street, not here in my neighborhood. The culture war is something that is taken advantage of, unfortunately. But I think as a voting population, we’re smarter than that.