Current:Home > MarketsTrump to seek presidential immunity against E. Jean Carroll's 2019 damage claims-LoTradeCoin
Trump to seek presidential immunity against E. Jean Carroll's 2019 damage claims
View Date:2024-12-23 16:47:58
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! (2)
Related
- Inter Miami's MLS playoff failure sets stage for Messi's last act, Alexi Lalas says
- 'Hit Man': Netflix's true-crime comedy nearly went to Brad Pitt
- Youngkin administration says unknown number of eligible voters were wrongly removed from rolls
- What to know about Elijah McClain’s death and the criminal trial of two officers
- He failed as a service dog. But that didn't stop him from joining the police force
- 75,000 Kaiser Permanente health care workers launch historic health care strike
- Neighbors react after Craig Ross, Jr. charged with kidnapping 9-year-old Charlotte Sena from Moreau Lake State Park
- Deputy dies after being shot while responding to Knoxville domestic disturbance call
- Firefighters make progress, but Southern California wildfire rages on
- Tired of spam? Soon, Gmail users can unsubscribe with one click
Ranking
- Where you retire could affect your tax bill. Here's how.
- Lahaina residents deliver petition asking Hawaii governor to delay tourism reopening
- First parents in America charged in school shooting to be tried after court rejects appeal
- Pentagon comptroller warns Congress that funds for Ukraine are running low
- Brian Austin Green Shares Message to Sharna Burgess Amid Ex Megan Fox's Baby News
- Remains of Ohio sailor killed during Pearl Harbor attack identified over 80 years later
- Love Island UK's Jess Harding and Sammy Root Break Up 2 Months After Winning Competition
- Cruise defends safety record after woman pinned under self-driving taxi in San Francisco
Recommendation
-
Wisconsin’s high court to hear oral arguments on whether an 1849 abortion ban remains valid
-
'The Voice': Niall Horan wins over 4-chair singer Laura Williams with fake marriage proposal
-
'Our Flag Means Death' still shivers our timbers
-
Google packs more artificial intelligence into new Pixel phones, raises prices for devices by $100
-
Jury awards Abu Ghraib detainees $42 million, holds contractor responsible
-
Cruise defends safety record after woman pinned under self-driving taxi in San Francisco
-
Grizzly bear kills couple and their dog at Banff National Park in Canada
-
Woman who planned robbery of slain college student while friend posed as stranded motorist convicted of murder