New York City, NY – Lawyers representing E. Jean Carroll, the writer who accused former President Donald Trump of rape, have urged a judge to dismiss Trump’s attempts to avoid posting security for the $83.3 million defamation award she was granted. According to Carroll’s lawyers, Trump’s promises to pay the judgment, which they anticipate will be overturned on appeal, are nothing more than empty promises.
“The basis of Trump’s argument for this extraordinary relief boils down to a simple ‘trust me’,” stated Carroll’s lawyers in their submission to U.S. District Judge Lewis A. Kaplan, who presided over the trial that concluded with the substantial judgment.
In addition to the defamation award, Trump is facing a $454 million civil fraud penalty imposed by a Manhattan state judge. The penalty was imposed after it was found that Trump and his company, along with his sons Eric and Donald Jr., engaged in a scheme to defraud banks and insurers by inflating Trump’s wealth on financial statements. An appellate judge recently refused to halt the collection of this penalty.
Trump’s lawyers recently asked Judge Kaplan to suspend the defamation award, arguing that there is a “strong probability” that it will be reduced or eliminated on appeal. They further claimed that the combined total of $65 million in punitive damages and $18.3 million in compensatory damages is clearly excessive.
Responding to Trump’s request, Judge Kaplan first pointed out the delay in making the request, which was submitted 25 days after the jury verdict. He also highlighted Trump’s attempt to avoid posting any security. Judge Kaplan stated that he would not issue any stay of the judgment without giving Carroll’s attorneys an opportunity to respond.
In their response, Carroll’s lawyers criticized Trump for seeking to evade security on the grounds that his arguments are legally sound and that he can be trusted. They characterized Trump’s court filing as the equivalent of a paper napkin, signed by a borrower who is known as the least trustworthy.
Carroll’s lawyers argued that what Trump is asking for goes against the law, and they described his legal arguments as being based on flimsy authority from past cases. They also raised concerns about Trump’s cash position and the feasibility of collecting the judgment, given the recent criminal cases he is facing and the $454 million penalty against him.
The defamation verdict in January concluded a trial in which Trump, aged 77, attended and gave brief testimony. Throughout the trial, Trump tried to convey to the jury through his behavior in the courtroom that he did not believe Carroll’s claims and that he felt he was being treated unfairly.
The jury was instructed to consider damages only, building on the findings of a previous jury that awarded Carroll $5 million in damages for defamation. That jury found that Trump had sexually abused Carroll in 1996 and had defamed her with comments made in October 2022.
Carroll’s lawyers argued for a significant award, citing evidence that Trump continued to defame Carroll even during the trial, and they asserted that he would only stop if it hurt him financially. They emphasized Carroll’s need for financial compensation, as her income had suffered due to Trump’s attacks, and she required it to repair her reputation and enhance her personal security.