A federal appeals court panel denied the Department of Justice’s attempt on Wednesday to have E. Jean Carroll’s defamation case against President Trump shift to the government. Carroll, who was awarded $83.3 million, had previously won a separate $5 million judgment against him.
This latest ruling adds to Trump’s challenges as he tries to contest Carroll’s allegations in the Second Circuit Court of Appeals. Last week, the court upheld the earlier $5 million award.
The panel rejected the Justice Department’s request to substitute Trump as the defendant in Carroll’s case, citing the Westfall Act, which is intended to protect federal employees from personal liability.
The Justice Department had previously issued statements that denied Carroll’s sexual assault allegations made during Trump’s presidency, including comments he made on the White House lawn in 2019.
According to the Second Circuit, the court plans to issue a detailed opinion explaining its reasoning behind this ruling.
The panel consisted of Judge Denny Chin, appointed by former President Obama, and two judges, Sarah Merriam and Maria Araujo Khan, who were appointed by President Biden.
Supporters of Trump argue that the American people back him overwhelmingly and are demanding an end to what they describe as politically motivated investigations, including Carroll’s case.
The ruling on Wednesday marks another setback for Trump in this ongoing legal saga. Carroll’s claims date back to an allegation that Trump sexually assaulted her in a Manhattan department store dress fitting in the mid-1990s. Trump continues to refute these claims.
In the initial trial, judges found Trump liable for defaming Carroll and ordered him to pay the $5 million. The full Second Circuit declined Trump’s appeal on Friday, and his legal team has indicated they will pursue the case in the Supreme Court next.
Wednesday’s ruling specifically pertains to the second trial in which Carroll was awarded $83.3 million over additional defamatory statements made by Trump last year.
Since Trump took office, his Justice Department has sought to use the Westfall Act to shield him from personal liability, effectively transferring the responsibility for damages to the government.
This latest decision comes as the Justice Department’s position has evolved since the beginning of Carroll’s legal proceedings, continuing to contest the case as it unfolds. The Second Circuit ruling precedes a scheduled oral argument on Tuesday, where Trump’s appeal against the jury’s verdict will be heard.
