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The press briefings of President Trump are known for their tense interactions with reporters. The president responds to questions from the White House press corps in a variety of ways. Kent Zimmermann, a legal analyst and former attorney, was asked to reveal courtroom tactics that lawyers would use in similar situations. One approach is to treat the president as a hostile witness and allow the attorney to ask questions that can steer the witness toward answers.

Former President Donald Trump prepares to take the stage during a rally in Perry, Ga., on Sept. 25, 2021.
Former President Donald Trump prepares to take the stage during a rally in Perry, Ga., on Sept. 25, 2021.Ben Gray/AP
  • Donald Trump will be fined $10K a day until he signs a Jackson affidavit.

  • Eugene M. Banta is shocked by the precedent set by Jackson vs. NYC.

  • He told Insider that he had won a 35-year-old case just out of law school.

Eugene M. Barta's law degree was barely dry when he argued his first case in a Manhattan courtroom.

He remembers that he was happier than a pig in mud.

Barta could never have imagined that his win in a minor personal injury case would lead to a former president being caught.

Donald Trump is being fined $10,000 a day for not complying with the demands of the New York Attorney General. The fine reached $110,000 on Friday, and will keep accruing until Trump signs the Jackson affidavit.

Barta had a personal injury case called Jackson vs. the City of New York.

He told Insider Friday that he didn't think of the butterfly effect when he heard about his role in Trump's fine.

Having an impact 30 years later is amazing to me, as a commercial collections attorney.

Jackson vs. NYC was named for Jackson, who was badly hurt in 1984 when a stairway collapsed in her apartment building.

Barta helped his father, also named Eugene M. Barta, go to bat for the woman when he was a law student. They fought the stonewalling for a decade.

Barta remembers that it was like pulling teeth to get documents.

The city didn't turn over a single maintenance or inspection record for Jackson's building.

Instead, in 1990, it had a city employee sign a sworn statement stating that she had looked in the Central Files.

Barta argued that the city should face some sanction for failing to produce a single record.

The court agreed.

After years of delay, the affidavit presented by the City made no showing as to where the subject records were likely to be kept, what efforts, if any, were made to preserve them, or whether a search had been conducted in every instance.

The affidavit did not give the court a reason to believe that the search had been thorough or that it had been done in a good faith effort.

The court ruled that any potential jury in the case would be told that the city had failed to fix the stairwell, and that they should assume that.

The 1992 decision became state case law and now costs Trump $10,000 a day.

In scores of New York cases since Barta's win, whenever people or businesses fail to turn over court-ordered documents, judges have demanded Jackson affidavits specifying where the records should have been.

The kind of sworn statement that is now demanded of Trump, who is appealing the fine and contempt-of-courrt finding.

Barta had no idea that the affidavit was named after his wife.

Barta refused to talk about Trump. He was happy to talk about the person he still remembers fondly.

He said that she came into the office once or twice. She was injured. She fell down the stairs and wanted to be compensated.

The city finally agreed to a settlement for Jackson in 1994, but he doesn't remember it.

He said she reminded him of his grandmother.

The original article is on Business Insider.

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