Just hours into author E. Jean Carroll’s defamation and battery trial against former President Donald Trump, U.S. District Judge Lewis Kaplan of the Southern District of New York on Tuesday appeared to have already lost his patience with Trump’s failure to confirm whether he’ll appear in person.

After jurors left the courtroom, Kaplan asked Trump’s attorney Joe Tacopina of Tacopina Seigel & DeOreo whether his comment during opening statements that Trump has “nothing more … to add” in the case means that he will not testify live.

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