The 2nd U.S. Circuit Court of Appeals in Manhattan ruled that former President Donald Trump cannot claim presidential immunity in a defamation lawsuit filed by writer E. Jean Carroll. Carroll, who accused Trump of rape, is seeking at least $10 million in damages for comments he made denying the allegations. The court upheld a federal judge’s decision, stating Trump waited too long to assert immunity as a defense.
Trump’s lawyer, Alina Habba, criticized the ruling as “fundamentally flawed” and plans to seek review from the Supreme Court. The lawsuit originates from Carroll’s public accusation in 2019 of being raped by Trump in a department store dressing room in the mid-1990s. Trump’s response, including denying knowing Carroll and calling her claim a promotion tactic for her memoir, led to the defamation case.
The case’s progression saw U.S. District Judge Lewis Kaplan rejecting Trump’s bid to dismiss it and later his immunity defense. The 2nd Circuit agreed, citing the delay in Trump’s invocation of immunity and the public interest in accountability. Trump’s appeal was expedited ahead of a scheduled trial on January 16, 2024. He is also using a similar defense in a federal criminal case related to the 2020 presidential election.
Carroll has already won a civil trial against Trump, with a jury awarding her $5 million for sexual assault and defamation. Trump is appealing this verdict. Kaplan ruled that the jury’s findings apply to Carroll’s first lawsuit, leaving only the determination of damages for trial.
This ruling comes as Trump, facing four federal and state criminal indictments, remains a frontrunner for the Republican nomination for the 2024 U.S. election. He has pleaded not guilty in these cases.
Primary Sources: The Hill Rating, Reuters Rating