Immunity doesn't protect Trump from $83.3M defamation verdict over sexual assault denials, 2nd Circuit rules
A federal appeals court has affirmed an $83.3 million defamation verdict against President Donald Trump for denying writer E. Jean Carroll’s claim that he sexually assaulted her in a Bergdorf Goodman dressing room in the 1990s.
The 2nd U.S. Circuit Court of Appeals at New York ruled Monday that Trump is not protected by presidential immunity, despite a July 2024 decision by the U.S. Supreme Court.
The Supreme Court decision in Trump v. United States “simply reaffirmed long-established principles,” the 2nd Circuit said. The high court’s decision held that presidents have absolute immunity from criminal prosecution when exercising core constitutional powers and at least presumptive immunity for acts “within the outer perimeter” of their official responsibilities.
The 2nd Circuit previously ruled that Trump had waived his immunity by failing to raise it in a trial court, and the issue can’t be relitigated. The Supreme Court case did not change prevailing law on waiver of immunity, the appeals court said, and the case doesn’t represent an intervening change of law justifying reconsideration of the earlier decision.
The appeals court also ruled that the damage award, which included $65 million for punitive damages, was fair and reasonable.
“The record in this case supports the district court’s determination that the ‘the degree of reprehensibility’ of Mr. Trump’s conduct was remarkably high, perhaps unprecedented,” the 2nd Circuit said.
The 2nd Circuit cited “ample evidence” that Trump was “recklessly indifferent to Carroll’s health and safety.” Quoting the district court, the 2nd Circuit said Trump made “multiple statements castigating Ms. Carroll as a politically and financially motivated liar, insinuating that she was too unattractive for him to have sexually assaulted [her] and threatening that she would ‘pay dearly’ for speaking out.”
The statements had a “domino effect” as Carroll was subjected to “ongoing and prolific harassment as a result of these statements, including a multitude of death threats and other threats of physical injury,” the 2nd Circuit said.
The case before the 2nd Circuit is known as Carroll I to differentiate it from a separate lawsuit filed by Carroll.
Carroll made the sexual assault allegation in a book, leading Trump to accuse Carroll of fabricating her claim. Carroll sued for defamation for Trump’s claim that she was lying, made during his first term in office, in the case known as Carroll I. Then New York passed a law allowing sexual assault survivors a one-year window to sue over time-barred claims. Carroll sued under the law in a case known as Carroll II and alleged defamation for Trump’s continued claim after he left office that she was lying.
Jurors in Carroll II found in May 2023 that Trump sexually assaulted but did not rape Carroll, and he was liable for $5 million for denying that it happened.
Jurors in Carroll I found Trump liable for $83.3 million in January 2024 for defaming Carroll.
The New York Times and Law360 are among the publications with coverage of the 2nd Circuit’s decision.
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