Federal appeals court denies Trump's presidential immunity defense in E. Jean Carroll case

A federal appeals court on Wednesday shot down former President Donald Trump’s attempt to use presidential immunity in the upcoming E. Jean Carroll defamation trial, finding he’d waited too long to raise the defense.

Trump had argued he couldn’t be sued for the 2019 comments he made about the writer and her sexual assault claims against him because he was president at the time he made them and, he contended, they related to his duties because he needed to speak out and assure the public her accusations were untrue.

In a unanimous ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals found Trump had waited too long — three years —to raise the defense.

“We hold that presidential immunity is waivable and that Defendant waived this defense,” the ruling said.

The panel noted that Carroll first filed her defamation suit in November of 2019 and Trump filed his response in January of 2020. He didn’t raise the presidential immunity defense until January of 2023. To allow him to use the defense now would cause “undue prejudice” to Carroll, the judges said.

Trump attorney Alina Habba said the court’s ruling “is fundamentally flawed and we will continue to pursue justice and appropriate resolution.”

Carroll lawyer Roberta Kaplan said she was “pleased” with the decision and “that we can now move forward with trial next month on January 16.”

The trial will be Carroll’s second against the former president. In the other, she accused Trump of raping her during an encounter in the dressing room of a New York department store in the 1990s and then defaming her after he left office by calling her claims a made-up “con job.”

That jury found Trump had sexually abused and defamed Carroll, and awarded her $5 million in damages in May.

That case, which the judge has referred to as Carroll II, had actually been filed before the case going to trial in January. The one that was the subject of Wednesday’s ruling was initially tied up in appeals over whether Trump’s 2019 comments were protected under the Westfall Act, which gives federal employees “absolute immunity” from lawsuits based on conduct “in the course of their official duties.”

U.S. District Judge Lewis Kaplan has found Trump liable for defaming Carroll given the verdict in the earlier trial, so January’s trial will be focused solely on what money damages Carroll is entitled to. Kaplan denied Trump’s immunity argument in a ruling in June, where he wrote that presidential immunity is “not a ‘get out of damages liability free’ card.”

Trump has also raised presidential immunity as defense in the criminal election interference case brought against him by special counsel Jack Smith. U.S. District Judge Tanya Chutkan ruled earlier this month that he was not immune to the criminal charges. Trump has appealed that ruling to the federal appeals court in Washington, D.C., and Smith has asked the U.S. Supreme Court to decide the matter.

Trump has pleaded not guilty in the election case.

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

The 'Woke Language' Interim Seattle Police Chief Uses to Describe Shooters Is Not Going Over Well

Seattle Police Chief Under Fire for Woke Shooter Language

Seattle’s handling of public safety has become a flashpoint in the broader…
Popular TV host, media star faces hanging after conviction in major synthetic drug trafficking case

Popular TV Host Faces Hanging After Synthetic Drug Conviction

An Egyptian television personality with a large public following was sentenced Saturday…
Four NY kids killed in grandma, mom’s murder-suicide were poisoned with allergy meds, kratom: report

Four New York Children Killed in Mother, Grandmother Murder-Suicide Were Poisoned With Allergy Meds and Kratom, Report Says

Four children from upstate New York who authorities say were poisoned and…
Florida couple, grandchildren missing after plane crashes on way back from Bahamas vacation home

Florida Couple and Grandkids Missing After Bahamas Flight Crashes

An urgent search is underway for a Florida couple and their two…
UK moves to sanction Israeli settlements as PM Burnham risks clash with Trump: report

Israeli Settlement Sanctions Put Burnham on Trump Collision Course

Trump speaks with Britain’s new Prime Minister Andy Burnham British Ambassador Sir…
Woman shoots, kills boyfriend after argument in Starke, sheriff's office says

Deputies: Starke Woman Fatally Shoots Boyfriend After Argument

Authorities in Bradford County said the woman was arrested peacefully and taken…
Amazon cargo plane flight data and cockpit voice recorders recovered from crash at Miami International Airport, NTSB says

NTSB Recovers Black Boxes After Amazon Cargo Plane Crash in Miami

The National Transportation Safety Board on Monday afternoon shared new details about…
Wild dashcam video shows crossing guard shield mother and 2 kids from speeding car: 'You're a hero!'

Dashcam Shows Crossing Guard Saving Mom, 2 Kids From Speeding Car

Dramatic dashcam video shows a Nevada crossing guard rushing to protect a…
aerial view of prime jet crash

NTSB Confirms No Survivors in Amazon Cargo Jet Crash

Federal investigators confirmed Sunday that the crew members on board an Amazon…
Jimmy John's employee Adam White accused of opening fire on car, shooting 14-year-old girl in leg: police

Jimmy John’s Employee Accused of Shooting 14-Year-Old Girl in Car

A confrontation that started at a Jimmy John’s in St. Louis escalated…
American family missing in apparent crash of small plane off Bahamas coast

American Family Missing After Small Plane Apparently Crashes Off Bahamas Coast

Search crews are looking for an American family — two grandparents and…
UN agency accused of Hamas ties sees another European nation cut funding

Another European Country Cuts Funding to UNRWA Over Alleged Hamas Links

US envoy: Stop funding UNRWA, back Board of Peace for Gaza Speaking…