Today: March 05, 2024
Today: March 05, 2024

Trump loses immunity bid in Carroll defamation suit, to seek Supreme Court review

Share This
Trump loses immunity bid in Carroll defamation suit, to seek Supreme Court review
Jonathan Stempel and Luc Cohen
December 13, 2023

By Jonathan Stempel and Luc Cohen

NEW YORK (Reuters) - 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 the former U.S. president 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 would seek "immediate review" from the Supreme Court.

Carroll in the lawsuit sought at least $10 million in damages from Trump over 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.

The 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, ahead of a scheduled Jan. 16, 2024, 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.

Trump is the frontrunner for the Republican nomination to challenge Democratic President Joe Biden in the 2024 U.S. election despite facing four federal and state criminal indictments. He has pleaded not guilty in those cases.

The case is Carroll v. Trump, 2nd U.S. Circuit Court of Appeals, Nos. 23-1045 and 23-1146.

(Reporting by Jonathan Stempel and Luc Cohen in New York; Editing by Daniel Wallis)


Stock market today: Asian shares are mixed as China unveils 5% economic growth target for 2024

Shares are mixed in Asia after China's premier said the country's target for economic growth this year is around 5%, in line with expectations

What you should know from the opening of China's legislature

China’s Premier Li Qiang promoted an image of confidence as he announced modest economic growth goals for the country at one of its most important political gatherings

US Navy says USS John Finn conducted routine south-to-north Taiwan Strait transit

BEIJING (Reuters) - The Arleigh-Burke guided missile class destroyer USS John Finn conducted a routine south-to-north Taiwan Strait transit on March 5, the U.S. Navy said in a statement on Tuesday.

Analysis-Chinese developers resume UK commercial property retreat

By Iain Withers and Marc Jones LONDON (Reuters) - Some big Chinese developers are set to offload more real estate in Britain to raise cash, property agents say, making the most of a slowly thawing

Blackrock sees India, Indonesia as promising for investment opportunities

JAKARTA (Reuters) - U.S. investment firm BlackRock sees India and Indonesia as two Asia-Pacific countries offering a lot of investment opportunities, its head of research for the region said on

Cryptoverse: Asian traders give bitcoin blast-off

By Jihoon Lee and Jaspreet Kalra SEOUL/MUMBAI (Reuters) - Bitcoin's runaway rally is being driven by investors in Asia.


Thousands of Korean doctors face license suspensions as Seoul moves to prosecute strike leaders

Thousands of striking junior doctors in South Korea are facing proceedings to suspend their medical licenses Tuesday

AI pervades everyday life with almost no oversight. States scramble to catch up

Lawmakers in at least seven states are taking big legislative swings to regulate bias in artificial intelligence

Alabama lawmakers aim to approve immunity laws for IVF providers

Alabama lawmakers, who face public pressure to get in vitro fertilization services restarted, are nearing approval of immunity legislation for providers

North Korea threatens to take military moves in response to US-South Korean drills

North Korea has called the ongoing South Korean-U.S. military drills a plot to invade the country, as it threatens to take unspecified “responsible” military steps in response

- Advertisement -
Advertisement: Limited Time Offer