Trump picks former personal lawyer from E. Jean Carroll case for 8th Circuit judicial vacancy
President Donald Trump in the Oval Office of the White House on Aug. 25, 2025. (Photo by Demetrius Freeman/The Washington Post)
President Donald Trump on Wednesday announced that he has picked a former personal lawyer for a judical vacancy on the 8th U.S. Circuit Court of Appeals at St. Louis.
Attorney Justin Smith represented Trump in an appeal to overturn a 2023 jury verdict finding Trump civilly liable for sexually assaulting writer E. Jean Carroll in the 1990s.
In December 2024, the 2nd Circuit at New York upheld the $5 million judgment against Trump and denied the request for a new trial. Smith has filed a certiorari petition asking the U.S. Supreme Court to review the ruling, according to a story by Law.com.
Smith is an attorney at the James Otis Law Group, a boutique law firm, which was founded by D. John Sauer, Trump’s U.S. solicitor general.
“Justin has defended many of my common sense and popular policies, like energy dominance and keeping men out of womens’ sports,” Trump wrote in a post on Truth Social, his social media platform, Wednesday night. “Justin also played a big role in securing a Supreme Court landmark victory on presidential immunity. He is a true America first fighter, who will continue to deliver strong results for the American people.”
Smith would fill a vacancy created when 8th Circuit Judge Duane Benton announced in October that he was taking senior status. If confirmed, Smith would be Trump’s fifth appointee to the 8th Circuit, according to Law.com.
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