A federal appeals court has decided, with an 8-2 vote, that President Trump will not get a chance to further contest the ruling related to columnist E. Jean Carroll’s sexual abuse allegations against him. This leaves the Supreme Court as Trump’s only remaining option for appeal.
A panel of three judges from the U.S. Court of Appeals for the Second Circuit had previously backed the verdict from last year. On Friday, the larger Second Circuit bench chose not to revisit the case, despite some dissenting views among two judges.
According to Circuit Judge Myrna Pérez, who wrote the opinion joined by three colleagues appointed by former President Biden, merely re-examining the case doesn’t justify invoking the EN BANC procedure.
Pérez mentioned that such cases are usually reconsidered only in instances of notable importance or when there’s a conflict with previous rulings.
In 2023, a New York jury found Trump liable for sexually abusing Carroll in a Manhattan department store during the mid-1990s. The jury ordered him to pay $5 million, which stemmed from his rejection of her allegations during his first term as president.
Trump, who denies assaulting Carroll, claimed the trial was unfair due to inappropriate evidence being presented; for example, testimony from other women alleging similar misconduct, including the notorious “Access Hollywood” tape.
Additionally, Trump’s legal team argued that a nonprofit, backed by LinkedIn co-founder Reid Hoffman, should disclose that Carroll received assistance for her legal fees. They believed this information would support their claims that Carroll was pursuing a political agenda against Trump, but the judge ruled it was not permissible.
In dissent on Friday, Trump-appointed judges Stephen Menashi and Michael Park criticized the trial, stating it featured “a series of defenseless evidence awards.” Menashi expressed concerns that the judgment was based on unacceptable character evidence, suggesting that if standard rules had been applied, the outcome might have differed.
Among the ten judges voting, only Menashi and Park opposed the motion. While the Second Circuit has 13 judges eligible for such cases, three chose not to participate without providing reasons.
Outreach was made to both Carroll and Trump’s legal representatives for comments, but the White House deferred responses from Trump’s team.
This case marks only one of two instances where Carroll has brought Trump to trial. In another lawsuit, a different judge previously ordered Trump to pay $83.3 million for continuing to deny her allegations.
The appeal regarding that case is set for oral argument before a three-judge panel of the Second Circuit on June 24th, and it will determine if the Justice Department can substitute Trump as a defendant.
