Immunity does not shield Trump from $83M defamation judgment, Carroll's attorney argues
Presidential immunity does not protect Donald Trump from having to pay tens of millions of dollars in damages after being held liable for defaming magazine columnist E. Jean Carroll, a lawyer for Carroll told a federal appeals court in a filing Monday.
After being awarded an $83.3 million defamation judgment from a jury last year, Carroll on Monday urged the U.S. Court of Appeals for the Second Circuit to uphold the judgment against Trump, after Trump asked the court to toss out the verdict because he had immunity as president.
"Dissatisfied with the outcome of the judicial process, Trump now asks this Court to set aside that jury verdict on the theory that he was actually immune from judicial review all along," Carroll's attorney Roberta Kaplan wrote in the filing.
In 2023, a jury held Trump liable for sexually abusing Carroll in a dressing room of a Manhattan department store in the 1990s, awarding Carroll $5 million in damages. A year later, a different jury in a separate trial ordered Trump to pay Carroll $83 million in damages for defaming her in a 2022 social media post in which he called her allegations "a Hoax and a lie" and said "This woman is not my type!"
A federal appeals court upheld the $5 million judgment in December, and Trump's appeal of the $83 million judgement is ongoing.
In September, Trump attorney D. John Sauer -- who Trump nominated in November to serve as the new solicitor general -- told a federal appeals court that the $83 million judgment should be thrown out based on a flawed jury instruction, a series of "highly prejudicial errors" during the trial, and because presidential immunity protects Trump from liability for public statements made as president.
"Presidential immunity forecloses any liability here and requires the complete dismissal of all claims," Sauer wrote.
In her reply brief filed Monday, Kaplan pushed back against Trump's assertion of immunity, arguing that statements Trump made about Carroll as president would clearly fall outside of his official responsibilities.
"If there were ever a case where immunity does not shield a President's speech, this one is it," Kaplan wrote. "Donald Trump was not speaking here about a governmental policy or a function of his responsibilities as President. He was defaming Carroll because of her revelation that many years before he assumed office, he sexually assaulted her."
Carroll's attorney argued that the $83 million judgement was justified to deter Trump from further defamatory statements, a risk that Kaplan said the jury saw firsthand. Trump attended most days of the 2024 trial, criticizing Carroll as a liar from his seat in the courtroom and sparring with the judge who oversaw the case.
"Throughout the trial, the jury had a front-row seat to Trump's relentless campaign of malice, including his repeated defamation of Carroll at press conferences he held and in statements he posted on social media while the trial was ongoing," Kaplan wrote.
