Trumps Immunity Defense Fails in Defamation Lawsuit

A federal appeals court ruled that former President Donald Trump cannot use presidential immunity as a defense in a defamation lawsuit filed by advice columnist E. Jean Carroll.

A federal appeals court has ruled that former President Donald Trump gave up his right to argue that presidential immunity protects him from being held liable for statements he made in 2019 when he denied that he raped advice columnist E. Jean Carroll.

Court Upholds Lower Court's Ruling

A three-judge panel of the 2nd US Circuit Court of Appeals in Manhattan on Wednesday upheld a lower court's ruling that Trump had effectively waived the immunity defense by not raising it when Carroll first filed a defamation lawsuit against him four years ago.

Trump's Legal Team to Appeal to Supreme Court

Alina Habba, a lawyer for Trump, said in an emailed statement that the ruling was "fundamentally flawed" and that the former president's legal team would be immediately appealing to the US Supreme Court.

Carroll's Lawyer Welcomes Ruling

Roberta "Robbie" Kaplan, a lawyer for Carroll, said the ruling allows the case to move forward with a trial next month.

Carroll Seeks Damages for Trump's Statements

Carroll's lawsuit seeks over USD 10 million in damages from Trump for comments he made in 2019 — the year Carroll said in a memoir that the Republican had sexually abused her in the dressing room of a Manhattan luxury department store in 1996. Trump has adamantly denied ever encountering Carroll in the store or even knowing her.

Trump's Immunity Argument in Other Cases

Trump, who is again running for president next year, is also attempting to use the presidential immunity argument as he faces charges he plotted to overturn the 2020 election, which he lost to Joe Biden.

Appeals Court Sides with Lower Court Judge

In Carroll's lawsuit, his lawyers argued that the lower-court judge was wrong to reject the immunity defense when it was raised three years after Carroll sued Trump.

But in a written decision on Wednesday, the appeals court panel sided with US District Judge Lewis Kaplan, who in August said the defense was forfeited because lawyers waited so long to assert it.

Undue Delay in Raising Immunity Defense

The appeals court argued in its ruling that Trump unduly delayed in raising presidential immunity as a defense, noting that three years had passed between his answer to the lawsuit and his request to amend his answer.

Expedited Appeal Ahead of Trial

The appeals court took up the issue in expedited fashion ahead of the January trial, which is focused on determining the damages to be awarded to Carroll.

Previous Jury Verdict and Ongoing Defamation Lawsuit

This past spring, a jury found that Trump sexually abused Carroll but rejected her claim that he raped her. It awarded Carroll USD 5 million for sexual abuse and defamation for comments Trump made about her last year.

The verdict left the original and long-delayed defamation lawsuit she brought in 2019 to be decided. Judge Kaplan ruled that the jury's findings earlier this year applied to the 2019 lawsuit as well since Trump's statements, made in different years, were essentially the same in both lawsuits, leaving only the question of damages to be determined.