Current:Home > NewsTrump to seek presidential immunity against E. Jean Carroll's 2019 damage claims-Angel Dreamer Wealth Society D1 Reviews & Insights
Trump to seek presidential immunity against E. Jean Carroll's 2019 damage claims
View Date:2024-12-24 08:12:18
Attorneys for former President Donald Trump will ask a federal appeals court on Monday to overturn rulings that have kept alive writer E. Jean Carroll's 2019 defamation lawsuit against him.
U.S. District Judge Lewis Kaplan in July declined to dismiss Carroll's case and limited some of Trump's defenses.
Carroll, a former Elle magazine columnist, sued Trump in November 2019 over comments he made shortly after Carroll publicly accused him of raping her in a Manhattan department store dressing room in the 1990s. In statements Trump made denying the accusation, Trump said Carroll was "not my type" and suggested she fabricated her accusation for ulterior and improper purposes, including to increase sales of her then-forthcoming book.
MORE: Judge denies Trump's request to dismiss E. Jean Carroll's remaining defamation claim
A trial is scheduled for January.
The judge has already determined that Trump's statements were defamatory, so the trial will only determine damages. Carroll is seeking $10 million.
Trump on Monday will ask the 2nd U.S. Circuit Court of Appeals to find he is immune from being liable for damages because he was president at the time he allegedly defamed Carroll.
"Defendant-Appellee's conduct is not properly the subject of a civil damages claim since his conduct is shielded by presidential immunity," Trump's attorneys wrote ahead of Monday's oral argument. "The District Court's rejection of this defense was clearly made in error; more importantly, this flawed decision will have wide-ranging implications which threaten to disrupt the separation of powers between the Judicial Branch and the Executive Branch, and significantly diminish the latitude of protection afforded to all Presidents under the presidential immunity doctrine."
Lawyers for Carroll said Trump waived his immunity defense early in the litigation when, in July 2020, Trump's attorneys said Carroll could pursue her defamation claim "when the President is no longer in office." To assert immunity now, Carroll's attorneys wrote, "posed substantial prejudice to Carroll."
The argument could turn on whether the panel of appellate judges believes immunity is a waivable defense or, as Trump's attorneys plan to argue, whether immunity is non-waivable because it arises from the separation of powers.
Carroll prevailed in a second lawsuit last May that alleged defamation and battery, and she was awarded $5 million in damages. Trump is also appealing that case.
veryGood! (9)
Related
- Gigi Hadid and Bradley Cooper Prove They're Going Strong With Twinning Looks on NYC Date
- 22-month-old girl killed after dresser tips over, trapping her
- Serena Williams and Alexis Ohanian Reveal Sex of Baby No. 2
- Broncos WR K.J. Hamler to take 'quick break' from football due to heart condition
- Georgia remains part of College Football Playoff bracket projection despite loss
- Gigi Hadid’s Daughter Khai Looks So Grown Up With Long Hair in New Photos
- Indian American engineer says he was fired by defense contractor after speaking Hindi at work
- Angus Cloud, breakout star of ‘Euphoria,’ is dead at 25
- Louisville officials mourn victims of 'unthinkable' plant explosion amid investigation
- TSA probes Clear after it let through a passenger carrying ammo
Ranking
- Democrat Ruben Gallego wins Arizona US Senate race against Republican Kari Lake
- Flashing X installed on top of Twitter headquarters in San Francisco – without a permit from the city
- WWE superstar talks destiny in new documentary 'American Nightmare: Becoming Cody Rhodes'
- Colorado teen pleads not guilty to trying to join Islamic State group
- Quincy Jones laid to rest at private family funeral in Los Angeles
- Architect accused in Gilgo Beach serial killings is due back in court
- Euphoria Actor Angus Cloud’s Final Moments Detailed in 911 Call
- Body of hiker missing for 37 years discovered in melting glacier
Recommendation
-
Voters in Oakland oust Mayor Sheng Thao just 2 years into her term
-
Seattle mayor proposes drug measure to align with state law, adding $27M for treatment
-
Environmental groups say they’ll sue to block Virginia from leaving greenhouse gas compact
-
Many low-wage service jobs could be eliminated by AI within 7 years, report says
-
Why California takes weeks to count votes, while states like Florida are faster
-
Amazon is failing to provide accommodations for disabled workers, labor group claims
-
Ukraine moves its Christmas Day holiday in effort to abandon the Russian heritage
-
Maine fisherman hope annual catch quota of valuable baby eel will be raised