Appeals Court Rejects Trump's Bid to Dismiss Defamation Lawsuit
ICARO Media Group
In a significant legal blow to former President Donald Trump, a federal appeals court has ruled against his use of presidential immunity to dismiss a civil defamation lawsuit brought by former magazine columnist E. Jean Carroll. The court found that Trump had waived his right to claim presidential immunity by not raising it earlier in the litigation.
Carroll's lawsuit alleges that Trump defamed her when he denied her accusations of sexual assault while he was in office. The appellate court not only upheld the lower court's decision that denied Trump's motion for summary judgment but also affirmed that Trump had waived his defense of presidential immunity.
"This case presents a vexing question of first impression: whether presidential immunity is waivable. We answer in the affirmative and further hold that Donald J. Trump ('Defendant') waived the defense of presidential immunity by failing to raise it as an affirmative defense in his answer to E. Jean Carroll's ('Plaintiff's') complaint," the court ruling stated.
With the rejection of Trump's bid to dismiss the lawsuit, the case is now set to proceed to trial in January. Robbie Kaplan, Carroll's attorney, expressed satisfaction with the appeals court ruling, stating, "We are pleased that the Second Circuit affirmed Judge Kaplan's rulings and that we can now move forward with trial next month on January 16."
Trump's legal team, however, remains undeterred and intends to continue their pursuit of justice. Alina Habba, an attorney for Trump, criticized the ruling, calling it "fundamentally flawed," and stated that they would seek immediate review from the Supreme Court.
This is not the first legal battle between Carroll and Trump. In 2022, Carroll separately sued Trump for sexual assault and defamation under the Adult Survivors Act for statements he made after leaving office. In that case, a jury found Trump liable for defamation and awarded Carroll $5 million in damages.
The ongoing lawsuit, originally filed by Carroll in 2019, mirrors similar statements made by Trump while he served as president that year. The trial for damages in this case is also scheduled to take place in January.
As developments in this high-profile case continue to unfold, the implications for presidential immunity and the rights of alleged victims of sexual assault remain at the forefront of the legal debate.
(This article has been updated with a statement from Trump's attorney, Alina Habba.)