President Trump and the Justice Department have asked the Supreme Court to vacate an $83 million defamation award to E. Jean Carroll, arguing statements he made in 2019 while president are protected by presidential immunity and the Westfall Act. Trump's lawyers say the 2nd Circuit mishandled the case and call the damages excessive. The appeals court split and has stayed payment while the Supreme Court considers the appeal, which will be formally docketed on Wednesday.
Trump and DOJ Ask Supreme Court To Vacate $83M Defamation Award, Citing Presidential Immunity
Trump and DOJ ask Supreme Court to toss $83 million defamation verdict in E. Jean Carroll case
President Donald Trump and the U.S. Justice Department have asked the Supreme Court to overturn an $83 million defamation judgment awarded to writer E. Jean Carroll, arguing that statements he made while serving as president are immune from personal lawsuits.
The appeal focuses on comments Mr. Trump made in 2019 while in office. Federal attorneys asked the high court to intervene under the Westfall Act, a federal statute that can substitute the United States as the defendant and shield federal employees from lawsuits for actions taken within the scope of their official duties.
DOJ Argument: "Absent this Court's intervention, the sitting President is facing nearly a hundred million dollars of personal liability for conduct that was well within the scope of his federal office," federal lawyers wrote, urging the Court to consider the question of immunity and the Westfall Act's application.
Trump's Legal Team: Trump's attorneys contend that the 2nd U.S. Circuit Court of Appeals in Manhattan "engaged in procedural contortions" rather than resolving his presidential-immunity claims. They urged the Supreme Court to review the case, calling the $83 million award "grossly excessive" and saying this is the first instance in which a court has imposed damages on a president for conduct alleged to have occurred while in office.
Case Background: Carroll, a longtime advice columnist and former television host, testified to New York juries that Trump sexually assaulted her in the spring of 1996 in a dressing room at Bergdorf Goodman. She first made the allegation public in a 2019 memoir and later sued for defamation after Mr. Trump publicly disputed her account and criticized her motives.
In January 2024, a Manhattan jury awarded Carroll $83 million for defamation. Lower courts have largely upheld the verdicts but the 2nd Circuit was split and agreed to delay payment while the Supreme Court considers the appeal. Separately, a 2023 jury previously awarded Carroll $5 million on related claims; that judgment has been paid.
Next Steps: The appeal was filed electronically and is expected to be formally docketed by the Supreme Court on Wednesday. The case raises broader legal questions about the reach of presidential immunity and the circumstances under which government employees can be substituted by the United States under the Westfall Act.
Note: Attorneys for Carroll declined to comment on the latest filing. The Associated Press does not identify people who say they have been sexually assaulted unless they come forward publicly, as Carroll has done.
Help us improve.
