×
Newsmax TV & Webwww.newsmax.comFREE - In Google Play
VIEW
×
Newsmax TV & Webwww.newsmax.comFREE - On the App Store
VIEW
Skip to main content
Tags: donald trump | immunity | lawsuit | e. jean carroll | rape

Trump Loses Immunity Bid in Carroll Defamation Suit

Wednesday, 13 December 2023 12:15 PM EST

Former President Donald Trump cannot assert presidential immunity from a defamation lawsuit by writer E. Jean Carroll, who accused him of rape, a U.S. appeals court ruled on Wednesday, dealing Trump another legal setback.

The 2nd U.S. Circuit Court of Appeals in Manhattan upheld a federal judge's decision to reject Trump's claim of immunity, finding Trump had waited too long to raise it as a defense.

Alina Habba, one of Trump's lawyers in the case, called the ruling "fundamentally flawed" and said Trump will seek "immediate review" from the Supreme Court.

Carroll in the lawsuit sought at least $10 million in damages from Trump for comments he made in June 2019, when he was president, after she first publicly accused him of raping her in a Manhattan department store dressing room in the mid-1990s.

Trump denied knowing Carroll, said she was not his "type," and that she made up the rape claim to promote her upcoming memoir.

Carroll, a former Elle magazine columnist, sued in November 2019, but Trump waited until December 2022 before asserting that absolute presidential immunity shielded him from her lawsuit. Under this, a president has complete immunity from many types of civil lawsuits while in office.

In June, U.S. District Judge Lewis Kaplan in Manhattan rejected Trump's bid to dismiss Carroll's case and later refused to let Trump raise an immunity defense, citing the delay in seeking to invoke it and the public interest in accountability.

The 2nd Circuit on Wednesday said those decisions were correct.

"A three-year-delay is more than enough, under our precedents, to qualify as 'undue,'" a three-judge panel wrote in its opinion.

Trump's appeal was heard on an expedited basis, before a scheduled Jan. 16 trial.

He has pursued a similar immunity defense in his federal criminal case in Washington in which he is accused of unlawfully trying to overturn his loss in the 2020 presidential election.

Carroll has already won one civil trial against Trump. In May, a jury in a second lawsuit awarded her $5 million for sexual assault and defamation after Trump last October again denied her accusations. Trump is appealing that verdict.

On Sept. 6, Kaplan ruled that the jury's findings in May applied to Carroll's first lawsuit, making Trump's denial defamatory. That left for trial only the issue of how much money Trump should pay Carroll in damages.

"We are pleased that the Second Circuit affirmed Judge Kaplan's rulings and that we can now move forward with trial," Carroll's lawyer Roberta Kaplan said in a statement.

Trump is the front-runner for the Republican nomination to challenge Democrat President Joe Biden in the 2024 election despite facing four federal and state criminal indictments. Trump has pleaded not guilty in those cases.

© 2024 Thomson/Reuters. All rights reserved.


Politics
Former President Donald Trump cannot assert presidential immunity from a defamation lawsuit by writer E. Jean Carroll, who accused him of rape, a U.S. appeals court ruled on Wednesday, dealing Trump another legal setback.
donald trump, immunity, lawsuit, e. jean carroll, rape
453
2023-15-13
Wednesday, 13 December 2023 12:15 PM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the NewsmaxTV App
Get the NewsmaxTV App for iOS Get the NewsmaxTV App for Android Scan QR code to get the NewsmaxTV App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved