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Trump Will Ask Supreme Court for Immunity in Defamation Case

His lawyers argued in a filing that paying $83 million to E. Jean Carroll would cause irreparable damage.

E. Jean Carroll, Roberta Kaplan

Former advice columnist E. Jean Carroll, right, leaves federal court with her lawyer Roberta Kaplan, in April 2023. A jury ordered Trump to pay $83 million to Carroll for his defamatory statements after she accused him of sexual assault. Bebeto Matthews/AP

President Donald Trump plans to ask the Supreme Court to grant him presidential immunity from writer E. Jean Carroll’s defamation lawsuit.

Trump asked the 2nd Circuit Court of Appeals in New York to allow him to bring the case to the Supreme Court, according to a Tuesday court filing. The president argued he would suffer irreparable damage if he had to pay Carroll the $83.3 million a civil jury ordered him to pay in the suit, which dealt with the social media attacks and public comments he made about Carroll after she accused him of sexual assault.

“If execution on the judgment were allowed, it is very unlikely that any money could be recovered because Carroll has publicly said that she plans to give away any money that she receives from this lawsuit,” Trump’s personal attorney Justin Smith wrote to the court.

The Department of Justice backed Trump in a separate filing on Tuesday, stating it planned to ask the justices to review the president’s claim of immunity from the defamation suit.

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The appeals court declined to rehear the case on April 29.

Carroll’s attorney didn’t oppose Trump’s Tuesday filing.

A three-judge panel in the court upheld the multimillion-dollar judgment in September, citing hundreds of death threats against Carroll.

In 2023, a jury awarded Carroll $5 million after finding Trump liable for sexual abuse in the encounter that took place at a Bergdorf Goodman dressing room in the mid-1990s. Trump has repeatedly denied that the incident happened.

A separate jury awarded Carroll $83.3 million in 2024 based on comments Trump made attacking Carroll’s character during his presidency.

The Tuesday filing makes multiple references to Trump v. United States, the case where the conservative majority ruled he was immune from criminal prosecution for the Jan. 6 attack on the Capitol.