from the article:
As the evidence now stands, this is not the classic case of “he said, she said.” Rather, it is a case of “he said, she said, she said, she said,” all supported by Trump’s own “Access Hollywood” words and Carroll’s witnesses. Trump appears to be left with no witnesses to call to rebut these charges other than himself.
Trump is faced with a conundrum — the only way he can rebut Carroll’s case is to testify in his own defense. That will subject him to a blistering cross examination concerning his predatory history. That coupled with his propensity to lie puts him in a real bind. Trump’s own former attorney general recently commented, it would be a “particularly bad idea” for Trump to appear on the stand because “he lacks all self-control,” “and it would be very difficult to prepare him and keep him testifying in a prudent fashion.”
However, Trump cannot hide behind the Fifth Amendment privilege without suffering the dire consequences that in a civil case, unlike a criminal prosecution, his refusal to take the witness stand or to assert his Fifth Amendment privilege can be used by the jury to conclude that Trump raped Carroll and therefore defamed her.
