Trump’s Lawyers Push to Overturn E. Jean Carroll Defamation Judgment
Attorneys representing President Donald Trump are working to challenge an $83.3 million ruling in the defamation case brought by E. Jean Carroll. In a recent court filing, they are asking the Supreme Court to review the case based on arguments surrounding presidential immunity.
Interestingly, Carroll’s lawyers have agreed not to contest Trump’s request for a stay, provided he boosts his bail by approximately $7.46 million to account for interest on the original judgment while the appeal is underway.
In the filing, Trump’s attorney, Justin Smith, emphasized the importance of allowing the former president to have continuous access to the Supreme Court on significant issues related to presidential immunity and the Westfall Act. He noted, “Carol does not oppose this motion.”
Understanding the Westfall Act
The Westfall Act serves as a legal safeguard for public officials, shielding them from personal lawsuits for actions such as defamation when acting within their official capacity. Carroll’s defamation suit was originally filed in November 2019, during Trump’s first term.
This statute effectively redirects legal attention from individuals to the federal government, providing a layer of protection in these cases.
A 24-page document submitted to the U.S. Court of Appeals for the 2nd Circuit outlines Trump’s intention to ask the Supreme Court to reassess the limits of his immunity following the May 2023 judgment. He is considering another run for the presidency in 2024 amid various lawsuits he is facing post his term.
The Implications of the Case
Trump’s lawyers suggest that there’s a “reasonable likelihood” the Supreme Court may accept the case and possibly overturn the decision of the lower court. They highlight a dissenting opinion from three judges that pointed out potential legal missteps regarding both presidential immunity and the Westfall Act.
Smith argued, “Without a delay, President Trump will continue to suffer irreparable harm from the violation of his right to immunity from defamation lawsuits over his public statements as President.” He expressed concerns that Trump might face actions to enforce the hefty judgment before the Supreme Court has a chance to evaluate the matter.
Additionally, the filing requests that the court maintain its authority while awaiting the Supreme Court’s final decision on the petition.
Concerns About Judicial Precedent
In their ongoing arguments, Trump’s legal team expressed that there is a “fair prospect” the Supreme Court could reverse the lower court’s ruling, which they deem to have wrongly waived both presidential immunity and protections under the Westfall Act. They cautioned that if the legal proceedings were to go forward now, it could significantly undermine the concept of immunity, stating, “If the Supreme Court were to reverse the decision, there is a possibility that the funds could not be recovered.”
This motion was formally submitted by Smith of the James Otis Law Group on Tuesday. Notably, Smith has been nominated by Trump for a position as a circuit judge for the Eighth Circuit, with a Senate Judiciary Committee hearing having already taken place regarding his nomination.
