NEW YORK — A federal appeals court is deliberating on a significant issue concerning former President Donald Trump: whether presidential immunity can shield him from a hefty $83.3 million in damages awarded to E. Jean Carroll. The case continues to attract attention as Trump’s legal team argues that he should be protected from liability based on his position.
During a hearing at the Second Circuit Court of Appeals, Trump’s attorney, Justin D. Smith, contended that presidential immunity is comparable to the broad protections afforded to Congress members under the Constitution’s speech and debate clause. He emphasized that any assertion of presidential immunity cannot be unintentionally waived, countering claims that Trump forfeited this right due to a delay in raising the defense during the litigation.
The controversy stems from a January 2024 jury decision, which ordered Trump to pay Carroll $83.3 million after he made derogatory remarks about her following her allegations of sexual assault against him in the 1990s. Carroll accused Trump of defamation when he labeled her a liar and ridiculed her appearance after she reported the incident.
Analysts estimate Trump’s net worth at around $5.2 billion, significantly benefiting from his ownership of Truth Social and various cryptocurrency investments since his reelection in 2024. The damages from the Carroll case represent about 1.6% of his net worth, raising questions about the impact of such a substantial financial judgment.
The Second Circuit previously ruled that Trump had forfeited the right to claim presidential immunity due to his delay in mentioning it in the civil case. However, a recent Supreme Court ruling expanded the interpretation of presidential immunity to encompass protections against criminal proceedings, which Trump’s lawyers believe should apply to the Carroll case as well.
Carroll has sued Trump twice for defamation. Her initial lawsuit, filed in 2020, faced delays as it evaluated Trump’s immunity under the Westfall Act, which protects government employees from legal actions related to their official duties. After Trump’s presidency, he continued his attacks on Carroll, prompting her to file a second lawsuit in November 2022, which successfully went to trial.
In that trial, the jury held Trump liable for both sexual abuse and defamation and awarded Carroll $5 million. The January 2024 trial focused on how much more Trump should pay for continued defamatory comments he made about Carroll while serving as president. The jury ultimately decided on $83.3 million in total damages.
Trump’s attorneys argue that his public statements made from official channels should be safeguarded under presidential immunity. Carroll’s legal representative, Roberta Kaplan, responded that immunity can be waived, a claim supported by the precedents of American law. She underscored that the Supreme Court ruling did not address the concept of waiver and remains neutral on the issue.
As Kaplan elaborated, the substantial damages awarded to Carroll were warranted due to the threats she received following Trump’s remarks. She described the hostile messages Carroll encountered as a consequence of triggering Trump’s public backlash.
In the ongoing developments, a spokesperson for Trump’s legal team has labeled Carroll’s lawsuits as politically motivated, suggesting that the Justice Department should assume Trump’s defense due to the nature of Carroll’s claims. The legal representation has signaled that Trump intends to persistently challenge what they describe as “Liberal Lawfare” while emphasizing his focus on policy objectives.
This appeal comes alongside other prominent legal challenges Trump is currently facing, including a civil fraud judgment against the Trump Organization and a recent jury conviction related to falsifying business documents in connection with the Stormy Daniels case. The intersection of these cases underscores the complexities of maintaining legal defenses for high-profile figures as they navigate the litigation landscape.
This article was automatically written by Open AI, and the people, facts, circumstances, and story may be inaccurate. Any article can be requested for removal, retraction, or correction by writing an email to contact@publiclawlibrary.org.