Second Circuit Denies En Banc Review of $83 Million Defamation Verdict Against Donald Trump

The U.S. Court of Appeals for the Second Circuit, sitting en banc, voted 5-3 on April 29, 2026 to deny former President Donald Trump’s request to rehear his appeal of the $83 million defamation judgment in the E. Jean Carroll case. The majority held that Trump waived any presidential-immunity claim, leaving the verdict in place and allowing a petition to the Supreme Court.

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The lawsuit was filed in 2019 after Trump publicly denied Carroll’s allegation that he assaulted her in a Bergdorf Goodman dressing-room in the mid-1990s. A 2023 jury awarded $5 million for sexual-abuse and defamation claims; a second jury in January 2024 increased the defamation award to $83 million. Trump appealed, asserting that his statements were made in his official capacity and that the Department of Justice should be substituted as defendant. A three-judge panel rejected the en banc request in September 2024, a decision the full bench affirmed in April 2026.

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The majority’s conclusion that Trump forfeited immunity underscores that former officials can be sued for statements outside the scope of official duties. Dissenting judges argue that substituting the United States would have barred the claim and label the $83 million award as excessive, highlighting a potential split in how courts treat presidential conduct.

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Trump’s legal team described the case as an “unlawful, radical weaponization of our justice system” and said it will seek Supreme Court review. Carroll’s attorney, Roberta Kaplan, said her client wants the litigation concluded so that justice can be achieved.

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The three judges who voted for rehearing argued that the United States should have been substituted, that the $83 million award is grossly excessive, and that the proceedings constitute a miscarriage of justice.

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• “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 Carroll

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• “The record showed that Trump made multiple statements over many years accusing Carroll of lying for political and financial gain, and suggesting that Carroll was too unattractive for Trump to have sexually assaulted her,” — Denny Chin, senior circuit judge

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• “Whatever one thinks about the merits of Trump v. United States, everyone agrees that it represents a significant legal development,” — Three dissenting judges (Menashi, Park, Livingston)

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• “Put together, these proceedings represent a manifest miscarriage of justice,” — Steven J. Menashi, circuit judge

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Trump is expected to file a petition for certiorari with the Supreme Court. The Court’s decision will determine whether the lower-court rulings on presidential immunity stand, shaping future defamation litigation.

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