In a high-stakes legal maneuver, former President Donald Trump, alongside the Justice Department, is challenging an $83 million defamation verdict awarded to writer E. Jean Carroll. The case, now before the Supreme Court, hinges on whether Trump’s comments, made during his presidency, are protected under the Westfall Act, which grants immunity to government employees for actions within their official duties.
This appeal marks Trump’s second attempt to overturn a jury’s decision in favor of Carroll, a well-known advice columnist and former television talk show host. Previously, the Supreme Court declined to review another verdict awarding Carroll $5 million for sexual abuse and defamation.
The controversy stems from statements made by Trump during his presidency, which the Justice Department argues were part of his federal duties, thus warranting immunity. “Absent this Court’s intervention, the sitting President is facing nearly a hundred million dollars of personal liability for conduct that was well within the scope of his federal office,” federal attorneys stated in their submission.
Trump’s legal team contends that the 2nd U.S. Circuit Court of Appeals in Manhattan bypassed addressing the critical issue of presidential immunity, labeling the $83 million in damages as “grossly excessive.” They assert, “This is the first case in our nation’s history in which a court has imposed damages liability on a president for his conduct in office.”
Carroll, who accused Trump of sexually assaulting her in a Bergdorf Goodman dressing room in 1996, first revealed her allegations in a 2019 memoir. Trump’s subsequent public denials, including assertions that he never met Carroll and derogatory remarks about her character, led to the defamation lawsuit. Carroll’s legal representatives have not commented on the latest appeal.
The legal saga continues as Trump seeks to have the Supreme Court revisit its decision on the $5 million verdict from 2023, which stemmed from a jury’s conclusion that he was liable for sexual abuse and subsequent defamation after leaving office. The Supreme Court’s earlier decision in 2021 had granted Trump broad immunity from criminal prosecution as a former president.
While Carroll’s testimony has been consistent in both New York trials, resulting in the significant damages rulings, Trump’s appeals have yet to see success in lower courts, which have postponed the payout pending the Supreme Court’s decision.
The Associated Press does not identify individuals who claim to be victims of sexual assault unless they have publicly disclosed their experiences, as Carroll has done.
