New York, N.Y. — A federal appeals court affirmed on Monday that Donald Trump cannot use presidential immunity as a defense to avoid paying $83.3 million in damages to writer E. Jean Carroll. This decision upholds a jury’s award for defamation against the former president.
Trump’s legal team had cited a recent Supreme Court ruling concerning presidential immunity in official actions to argue for overturning the damages awarded to Carroll. However, a three-judge panel from the U.S. Court of Appeals for the Second Circuit rejected this argument, concluding that the jury’s findings were justified given the severe nature of the case.
The panel, comprising judges Denny Chin, Sarah AL Merriam, and Maria Araújo Kahn, issued a unanimous ruling, emphasizing that Trump’s claim of presidential immunity was waived because he failed to raise it at an earlier stage. “We find that Trump has not identified any valid reasons to reconsider our prior conclusion regarding presidential immunity,” the opinion stated. This ruling indicated that a recent case regarding a former president’s criminal prosecution did not change the legal landscape surrounding presidential immunity.
A lawyer representing Trump contended that the concept of presidential immunity is not subject to waiver, but the judges maintained their stance. Neither Trump’s personal attorneys nor the White House provided immediate comments in response to inquiries about the decision.
This decision also comes soon after the Second Circuit upheld a separate jury verdict from May 2023, in which Carroll was awarded $5 million for a related defamation claim and sexual assault allegations. Carroll, 81, formerly a columnist for Elle magazine, accused Trump of assaulting her in a department store dressing room in the mid-1990s.
Trump has consistently denied Carroll’s allegations. In a 2019 interview, he stated Carroll was “not my type” and implied that she fabricated her narrative to promote her memoir, “What Do We Need Men For?” His repeated statements, including comments on social media, led to the earlier jury verdict, although the jury did not find him liable for rape.
The substantial $83.3 million award included $18.3 million for emotional and reputational damages, along with $65 million designated as punitive damages. In his recent appeal, Trump argued that a Supreme Court ruling granting him significant criminal immunity should shield him from responsibility in Carroll’s civil case. He also claimed his past remarks about Carroll were made in the course of his duties as president and suggested that not granting him immunity could threaten the independence of the executive branch.
Trump argued that U.S. District Judge Lewis Kaplan, who oversaw both trials, had made errors, including restrictions on the evidence he could present. The appellate panel disagreed, finding that Kaplan’s rulings were appropriate.
Legal experts, such as Carl Tobias, a professor at the University of Richmond, have noted the importance of this ruling, especially the punitive damages, signaling serious consequences for defamation. Tobias described Judge Kaplan as experienced and adept at handling high-profile cases, and he anticipates that Trump’s team will seek to appeal the decision to the Supreme Court.
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