Trump’s Appeal Denied: 2nd Circuit Blocks En Banc Review of E. Jean Carroll Defamation Verdict

In September 2024 the 2nd U.S. Circuit Court of Appeals rejected former President Donald Trump’s request to rehear the $83 million defamation verdict for E. Jean Carroll, finding his late-filed immunity and substitution arguments procedurally barred.

Appeals court won't rehear Trump's challenge to E. Jean Carroll verdictThe IndependentCNN

Carroll sued Trump in 2019; a 2023 jury awarded $5 million for sexual-abuse defamation, and a 2024 jury awarded $83 million for defamation. The September 6, 2024 en banc rehearing request was denied. Key actors include Trump, Carroll, attorney Roberta Kaplan, Judge Denny Chin, and three dissenting judges.

CNNAppeals court won't rehear Trump's challenge to E. Jean Carroll verdictThe Independent

The courts ordered $83 million for defamation and $5 million for sexual-abuse defamation, rejecting Trump’s procedural immunity claim.

Appeals court won't rehear Trump's challenge to E. Jean Carroll verdict

The decision narrows the reach of the 2024 Supreme Court immunity precedent, confirming that personal statements by a former president remain subject to ordinary defamation law and may affect future civil suits. The ruling may also influence how courts assess claims that official acts shield former officials from civil liability.

CNN

Roberta Kaplan said Carroll “is eager…to finally obtain justice.” Trump’s legal spokesperson called the ruling a “radical weaponization of our justice system.” Judge Denny Chin noted the substitution request was filed “fifteen months after trial.”

CNN

Three dissenting judges labeled the case a “significant legal development” and urged an en banc rehearing to align case law with the Supreme Court’s immunity rulings.

CNN

Some reports list the award as $83 million, others $83.3 million; the Supreme Court has not set a hearing date.

The Independent

• “The fact of the matter is that no other defendant would be permitted to move to substitute the United States in his place, fifteen months after trial and the entry of judgment against him,” — Judge Denny Chin, Senior Circuit Judge

Appeals court won't rehear Trump's challenge to E. Jean Carroll verdict

• “The American People stand with President Trump in demanding an immediate end to the unlawful, radical weaponization of our justice system, and a swift dismissal of all of the Witch Hunts, including the illegal, Democrat-funded travesty of the Carroll Hoaxes—the defense of which the Attorney General has determined is legally required to be taken over by the Department of Justice because Carroll based her false claims on the President’s official acts,” — Spokesperson for President Donald Trump’s legal team

CNN

• “Whatever one thinks about the merits of Trump v. United States, everyone agrees that it represents a significant legal development,” — Dissenting Judge, 2nd Circuit

CNN

• “E. Jean Carroll is eager for this case, originally filed in 2019, to be over so that she can finally obtain justice.” — Roberta Kaplan, Attorney for E. Jean Carroll

CNN

Trump’s team plans to petition the U.S. Supreme Court on both the $83 million judgment and the immunity issue; the Court has listed the case but has not announced a briefing schedule.

CNN