Former President Trump’s Immunity Defense Rejected by Appeals Court
Alina Habba, Trump’s Lawyer, to Seek Immediate Review from the Supreme Court
In a major development in the ongoing legal battle between former President Donald Trump and writer E. Jean Carroll, the Second Circuit Court of Appeals has rejected Trump’s immunity defense and paved the way for the trial to proceed. Trump’s lawyer, Alina Habba, expressed dissatisfaction with the ruling and announced plans to seek immediate review from the Supreme Court.
Background: The Defamation Lawsuit
Trump Faces $10 Million Damages Claim
E. Jean Carroll, a former Elle magazine columnist, filed a defamation lawsuit against Trump in November 2019. Carroll accused Trump of rape and sexual assault, alleging that the incident took place in Manhattan in the mid-1990s. Seeking at least $10 million in damages, Carroll claimed that Trump’s comments about her in June 2019 had harmed her reputation.
The Delay and the Immunity Defense
Judge Rejects Trump’s Bid to Dismiss the Case
In December 2022, Trump argued that as the President of the United States, he was protected by presidential immunity, which shielded him from civil lawsuits while in office. However, U.S. District Judge Lewis Kaplan rejected Trump’s bid to dismiss Carroll’s case and refused to allow him to raise an immunity defense. The judge cited the three-year delay in the case as a key factor in his decision.
Appeals Court Upholds Judge’s Rulings
Second Circuit Deems Delay as ‘Undue’
The Second Circuit Court of Appeals, in its recent opinion, affirmed Judge Kaplan’s rulings. The three-judge panel stated that the three-year delay in the case was more than enough to qualify as ‘undue’. This decision paves the way for the trial to proceed as scheduled on January 16, 2024.
The Way Forward: Trial and Immunity Defenses
Attorney for Carroll: ‘Pleased’ with Second Circuit’s Decision
Robbie Kaplan, the attorney representing E. Jean Carroll, expressed satisfaction with the Second Circuit’s decision. With the rulings affirmed, Kaplan stated that they can now move forward with the trial next month. Meanwhile, Trump has also pursued immunity defenses in his federal criminal case in Washington, which involves charges of inciting a riot, disrupting an official proceeding, and unlawfully attempting to overturn the 2020 presidential election results.
Impact on Future Political Ambitions
Trump Fights for Republican Nomination in 2024
As Trump remains a front-runner for the 2024 Republican nomination, this legal battle could have implications for his future political ambitions. He seeks a rematch against President Joe Biden in the 2024 U.S. election and currently leads in head-to-head polls against Biden. Trump’s popularity among Republican voters remains strong, with a significant lead over other potential candidates, including Ron DeSantis.
The case, known as Carroll v. Trump, is being heard in the Second U.S. Circuit Court of Appeals. Reuters has contributed to this report.