Attorneys for former President Donald Trump have filed a petition with the Supreme Court, seeking to overturn the $83.3 million defamation judgment awarded to columnist E. Jean Carroll. The filing, submitted Tuesday, contends that presidential immunity should shield Trump from liability for statements he made in 2019 while he was in office.
Trump's legal team argues that the Second Circuit Court of Appeals did not address presidential immunity when it upheld the judgment. They cite a 2024 Supreme Court ruling that recognized presidential immunity for official acts. "This is the first case in our Nation’s history in which a court has imposed damages liability on a President for his conduct in office," the petition states. "Yet, in upholding the exorbitant $83.3 million defamation judgment here, the Second Circuit never even decided whether Presidential immunity applies to President Trump’s allegedly defamatory statements—statements made from the White House, in response to press questions, denying allegations of personal misconduct directly questioning his fitness for office."
The petition warns that allowing the judgment to stand could significantly harm not only current and future presidents but also the nation, by creating fear that official acts could lead to damages liability. "As this Court has recognized, it 'would seriously cripple the proper and effective administration of' government if Presidents feared that their official acts could result in damages liability ... That is why immunity for official Presidential acts is necessary."
Carroll sued Trump for defamation over remarks he made in 2019, in which he denied her accusations of sexual assault dating back to the 1990s. In 2023, a federal jury in New York found Trump not liable for rape but liable for sexual abuse and defamation, ordering him to pay $5 million. A subsequent jury in January 2024 awarded Carroll $18.3 million in compensatory damages and $65 million in punitive damages, leading to a final judgment of $83.3 million ordered by a judge in March.
The petition to the Supreme Court follows a previous attempt by Trump's attorneys to have the federal appeals court rehear his appeal, which was rejected in April. Carroll's attorney has not yet responded to requests for comment.