Trump asks Supreme Court to overturn E Jean Carroll's $83M defamation verdict
WASHINGTON, DC: President Donald Trump on Tuesday, July 28, asked the US Supreme Court to overturn the $83.3 million defamation judgment awarded to writer E Jean Carroll, arguing that his statements made while serving as president are protected by presidential immunity.
The appeal comes after lower courts upheld the verdict stemming from remarks Trump made in 2019 while responding to Carroll's allegations. It also marks the second Carroll-related case to reach the Supreme Court in recent months.
Trump argues 2019 statements were protected official acts
In the appeal, which has not yet been docketed by the Supreme Court, Trump's legal team relied heavily on the court's 2024 ruling recognizing broad presidential immunity for official acts.
"This is the first case in our nation's history in which a court has imposed damages liability on a president for his conduct in office," Trump's attorneys argued. "Yet, in upholding the exorbitant $83.3 million defamation judgment here, the Second Circuit never even decided whether presidential immunity applies."
The filing argues that allowing the judgment to stand would have broader implications beyond Trump's case. According to the appeal, the ruling would "cause significant damage, not only to this president and future presidents" but also to the country.
Trump's attorneys also argued that the federal government, rather than Trump personally, should be substituted as the defendant because the statements at issue were made while he was serving as president.
"Here, the president of the United States has been ordered to pay nearly $100 million in damages for issuing a press release and answering reporters' questions, from the White House, defending against attacks on his fitness for office," the filing states.
The case stems from statements Trump made in 2019 denying Carroll's claims of misconduct, saying she was "not my type," and claiming she made the accusations to boost sales of her book. A jury later found those remarks defamatory and awarded Carroll $83.3 million in damages.
Appeal follows lower court rulings upholding verdict
A federal appeals court previously upheld the verdict, concluding the damages award was reasonable and rejecting several legal arguments raised by Trump, including his claim of presidential immunity. The full US Court of Appeals for the Second Circuit later declined to reconsider that decision.
In one opinion issued after the appeals court ruling, Judge Denny Chin wrote that Trump's immunity argument had been raised too late in the litigation. "Presidential immunity was not raised for the first three years of this case," Chin wrote.
Trump and the Justice Department had previously indicated they would seek Supreme Court review. The Justice Department has also argued that the federal government should intervene under the Westfall Act, which shields federal employees from certain civil lawsuits arising from actions taken within the scope of their official duties.
The latest filing comes weeks after the Supreme Court declined to hear Trump's separate appeal seeking to overturn a $5 million civil verdict involving Carroll. Trump has since asked the justices to reconsider that decision.
