10 Comments
User's avatar
HKJANE's avatar

Jack is correct: the mechanism that finally worked here was written years before it was needed, by people who assumed bad faith and built accordingly.

But I’d draw out what the piece leaves as texture rather than argument. Note the postscript, because it does more work than the headline. Three justices he appointed himself declined to note a dissent. Not “ruled against him” — declined to even flag disagreement. That is a different fact than “he lost.” It means the mechanisms he spent years trying to stock with loyalists still, in this instance, would not certify the story he was telling.

File that alongside the reputation. This is a man whose relationship to litigation is not incidental — it is a documented career-long strategy, going back decades, of using courts and lawyers as instruments of delay rather than forums for resolution. Note what that reputation is built on: outlast the plaintiff, exhaust the budget, wait for the news cycle to move. That reputation is precisely what makes paragraph 8 significant. It wasn’t drafted for a typical defendant. It was drafted for this one, by people who had studied the pattern and built a clause specifically immune to it.

Note the contract language itself, because Jack is right to center it. Not a promise. Not a settlement premised on trust. A signed condition — release upon Supreme Court denial — with no discretion left for anyone to exercise later. That is the entire mechanism. Every other lever he pulled in 2026 — the rehearing petition, the “proceedings remain pending” argument, the Tuesday-night filing — depended on there being some ambiguity left to exploit. There wasn’t. The document had already closed that door in 2023.

And file Carroll’s seven years separately, because delay only works as a strategy against someone assumed to tire first. She went public in 2019. Called a liar, mocked publicly, dragged through appeal after appeal, and the assumption embedded in his entire legal strategy — that she would settle, quiet down, or simply run out of time before he ran out of money — never came due. The delay was a bet placed against her specifically. She was the one variable his lawyers could not model correctly.

Note what that means going forward, since this is not the only debt outstanding. The $83 million case is still in appeals, and Jack is right that the same playbook will run again: delay, midnight filings, a search for any doctrine that buys another month. The difference the first case establishes is a data point, not a guarantee — evidence that the playbook has a ceiling, not proof that it always will.

That is the pattern worth filing, more than the receipt itself: institutions built to resist capture sometimes still resist it, even after years of trying to stock them otherwise. It is not the rule. It is the exception that the rule depends on to still look like a rule at all.

#HOLDFAST

Jack Hopkins's avatar

Jane...Yep! Three justices he appointed didn't rule against him...they declined to even flag DISAGREEMENT.

You're right that those are two different facts. One is losing. The other is your own hand-picked mechanism...REFUSING to certify your story. That second one is FAR more damning...and...a hell of a lot more hopeful.

Your read on paragraph 8 sharpens mine: it wasn't drafted for a defendant. It was drafted for THIS defendant...by people who'd studied the PATTERN...and built a clause immune to it.

Delay-as-strategy...is a bet placed against a specific person's stamina. Carroll was the ONE variable...his lawyers couldn't model. Seven years...and the assumption embedded in the whole approach; "she'll tire first"...simply NEVER came due.

Your closing is the part I really like: institutions built to resist capture sometimes still resist it...even after years of stocking them otherwise. Not the rule. The exception the rule depends on...to still LOOK like a rule.

That's the honest frame; a ceiling demonstrated...not a guarantee issued. The $83 million playbook will run again...and the data point isn't proof...just evidence that the PATTERN has a floor it CAN'T dig below.

Keep filing the dates. You read the fine print like a champ.

#HOLDFAST

-Jack

HKJANE's avatar

Jack — I’ve been waiting years for a Substack that actually tracks this stuff the way you do. The Carroll piece landed exactly right: the receipts, the contract language, the seven years of delay finally hitting its ceiling. Thank you for doing the work most people won’t.

Morgan's avatar

Brilliant HKJANE!! Great article Jack!!

Jack Hopkins's avatar

Thank you, Morgan.

-Jack

Sue P's avatar

I am so very proud of E. Jean Carroll for accomplishing what no woman has done before -- held that smarmy degenerate accountable. There have been settlements, NDAs, etc, but she got judgment. May she live long and prosper.

Randy S. Eisenberg's avatar

Very uplifting. I hard the news and was delighted. I hope the other settlement achieves a similar disposition, I suspect her attorneys aren’t pro bono. I usually don’t say “they earned it” but in this case hell yeah.

Christie's avatar

FINALLY…about damn time!!

Christie's avatar

JACK…surprise, surprise, surprise…Trump’s attorney’s have filed an “emergency request” for a stay to the judge’s order! ENOUGH ALREADY!!!

Ramona Ilene Hill's avatar

Question: if the $83 million is for defamation, does that mean it’s only $5.8 million for “sexual abuse?” Also know as rape. I mean, sticks and stones will break my bones . . .