Appeals Court Rules Trump Can’t Assert Presidential Immunity in E Jean Carroll Defamation Lawsuit

In a decision that may soon be overruled by the U.S. Supreme Court, an Appeals Court ruled that former President Donald Trump cannot assert presidential immunity in a defamation case brought forward by E. Jean Carroll.

The Wednesday decision by the 2nd U.S. Circuit Court of Appeals in Manhattan upholds a lower court decision noting the former President is not shielded by an immunity clause.

However, on Monday, the U.S. Supreme Court agreed to rule on the matter due to an expedited request by Prosecutor Jack Smith, who seemingly feared that Trump would draw out the legal process until after the 2024 election, and if he won, be in a position to exonerate himself of all charges.

The former President has maintained his innocence, and publicly stated, “The Second Circuit’s ruling is fundamentally flawed.” Alina Habba, Trump’s lead attorney, announced recently that she welcomes review by the Supreme Court.

Trump has claimed President Biden’s Department of Justice has treated him unfairly and exercised profound political bias to keep him from shedding light on Democrat malfeasance and win the 2024 election.

Many argue that most of America sides with Trump in the matter as his poll numbers go up with each indictment and court hearing, and recent surveys show him easily winning in a head-to-head rematch with President Biden.

Carroll claims the Trump sexually assaulted her in the 1990s in a public department store (though she is unsure of the day, week, or month). Following her claims, then-President Trump expressed outrage and unflattering comments about Carroll, which she now claims constitute defamation.

Last year, a lower court awarded Carroll $5 in damages. Carroll is now seeking “at least $10 million in damages.” Trump claims the accusations and money awarded to Carroll to date is outrageous.

District Judge Lewis Kaplan of Manhattan previously rejected Trump’s request to dismiss charges based on presidential immunity. His attorneys have appealed the ruling.

On Wednesday, an Appeals Court upheld the lower court’s rejection of Trump’s request for immunity.

Carrol’s attorney, Robbie Kaplan said of the ruling: “We are pleased that the Second Circuit affirmed Judge Kaplan’s rulings and that we can now move forward with trial next month on January 16.”

Most legal analysts believe a pro-Trump ruling by the U.S. Supreme Court could impact several cases involving the former President.

A ruling is expected by December 20.

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