WASHINGTON (AP) — President Donald Trump, along with the Justice Department, is seeking to have the Supreme Court overturn a substantial $83 million defamation verdict awarded to writer E. Jean Carroll. Carroll accused Trump of sexual assault, and the argument presented by Trump’s legal team is positioned on the premise that he cannot be sued for statements made while he was serving as president.
This appeal marks the second attempt by Trump to contest the financial damages awarded to Carroll, a prominent advice columnist and former television talk show host. Previously, the Supreme Court declined to entertain an appeal concerning another verdict that held him liable for both sexual abuse and defamation, which resulted in a $5 million award to Carroll.
The latest case revolves around statements Trump made during his presidency regarding Carroll. The Justice Department aims to utilize the Westfall Act, legislation that offers protection to federal employees from lawsuits for actions taken within the scope of their official duties. In legal documents, federal attorneys emphasized the seriousness of the situation, asserting that without intervention from the Supreme Court, Trump faces nearly $100 million in personal liability for actions conducted while in office. This, they claim, warrants urgent attention from the Court.
Documents pertaining to this case were reviewed by The Associated Press and are expected to be formally docketed with the Supreme Court imminently. In the meantime, Trump’s legal representatives contended that an appeals court “engaged in procedural contortions” to bypass addressing Trump’s claims regarding presidential immunity tied to the $83 million judgment.
The lawyers have characterized the ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan as one that “cries out for this Court's review in this unprecedented case.” They also labeled the financial award as “grossly excessive,” claiming it marks a historic instance where a court has imposed damages liability on a sitting president for actions taken in office.
Trump’s legal strategies argue that his comments regarding Carroll, made in 2019, cannot hold up in court due to the presidential immunity he believes he is entitled to. His legal team is additionally asking the justices to reassess their previous refusal to hear his appeal concerning the $5 million verdict.
This filing comes approximately two years after the Supreme Court granted Trump wide-ranging immunity from criminal prosecution as a former president. Carroll has testified before New York juries twice, detailing an alleged sexual assault by Trump in the spring of 1996 in a dressing room at Bergdorf Goodman, a luxury department store adjacent to Trump Tower. Her initial public disclosure of these accusations occurred in 2019 through her memoir.
Carroll's lawsuit against Trump for defamation arose following his claims that she fabricated her allegations to promote book sales, along with his declarations of having never met her and that “she’s not my type.” Trump has consistently denied any wrongdoing in connection with Carroll’s allegations.
A Manhattan jury awarded Carroll $83 million in damages in January 2024. While lower courts have repeatedly denied Trump's attempts to overturn this verdict, the New York-based appeals court, which experienced dissent over the ruling, agreed to postpone the payout pending the Supreme Court’s consideration.
Subsequently, another jury ruled in 2023 that Carroll is entitled to $5 million after determining that Trump had indeed subjected her to sexual abuse during the encounter in the department store, alongside a defamation ruling based on comments he made post-presidency. That judgment has been settled.
The Associated Press maintains its policy of not disclosing the identities of individuals who allege sexual assault unless they publicly identify themselves, as Carroll has done.
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Neumeister reported from New York.
Lindsay Whitehurst And Larry Neumeister, The Associated Press
