Carroll rape-defame case proceeds as Trump’s appeal motion is successful

A federal appeals court on Wednesday denied a bid by Donald Trump to delay a defamation lawsuit by the writer E. Jean Carroll, but granted him an expedited appeal on the question of whether he can claim absolute presidential immunity as a defense.

The order by the 2nd Circuit Court of Appeals is a partial victory for Trump after a series of significant losses in two lawsuits that Carroll filed against him related to her allegation of being raped by him in the mid-1990s in a New York department store.

Barring further action by that appeals court or the Supreme Court, the second of Carroll’s suits remains scheduled for trial in mid-January in U.S. District Court in Manhattan.

But the 2nd Circuit in its order Wednesday consolidated two pending appeals by Trump and ordered his lawyers and Carroll’s attorney to file legal briefs on the dispute over the next 35 days.

“The appeals will be assigned to the first available panel to hear the cases on the merits,” the court said.

That means a panel of three appeals judges could hear arguments by mid-October, and potentially rule before the trial is due to start.

The order came a week after a federal district court judge ruled that Trump is civilly liable for defamatory statements he made about Carroll in 2019 when she first went public with her allegations of having been raped by him. The ruling means the upcoming trial will solely deal with the question of how much Trump should pay Carroll in monetary damages.

Carroll’s lawyer Robbie Kaplan in a statement said, “We look forward both to the January 15 trial on damages and to making our arguments to the Second Circuit that Donald Trump waived presidential immunity.”

Kaplan in court filings has scoffed at Trump’s appeals of two adverse rulings by the judge in the case, accusing the former president of legal gamesmanship by raising a claim of absolute presidential immunity at the tail end of litigation as the case got closer to trial and he kept losing court rulings.

A lawyer for Trump did not immediately respond to a request for comment.

A jury in Manhattan federal court in May awarded Carroll $5 million in damages for the other lawsuit after finding that he had sexually abused her during an encounter in the Bergdorf Goodman department store in the 1990s, and defamed her in statements he made denying her allegation last fall.

Trump, who denies sexually assaulting Carroll, is appealing that verdict.

In the pending suit headed to trial, Carroll alleges Trump defamed her in 2019 when he, as president, first made statements denying her claim of rape. That case was delayed for years by legal proceedings that included an effort by the Department of Justice to effectively kill Carroll’s claim by arguing Trump had immunity from the lawsuit because he had been president at the time.

In July, the DOJ dropped those efforts, citing a ruling by the federal appeals court in Washington, D.C., that suggested Trump could be personally sued if his statements did not have the purpose of serving the U.S. government.

The DOJ also noted that Trump’s allegedly defamatory statements about Carroll continued after he left the White House in January 2021.

A federal appeals court denied Donald Trump’s request to delay a defamation lawsuit by writer E. Jean Carroll but granted him an expedited appeal regarding the claim of absolute presidential immunity.

The 2nd Circuit Court of Appeals’ order provides a partial victory for Trump, who faced significant losses in two lawsuits filed by Carroll, accusing him of rape in the mid-1990s in a New York department store.

Unless there are further actions by the appeals court or the Supreme Court, Carroll’s second lawsuit is set for trial in mid-January at the U.S. District Court in Manhattan.

The 2nd Circuit consolidated two pending appeals by Trump and instructed both parties to file legal briefs within the next 35 days.

“The appeals will be assigned to the first available panel to hear the cases on the merits,” stated the court.

This means a panel of three appeals judges could review arguments by mid-October, potentially ruling before the trial’s scheduled start.

The order follows a federal district court ruling that held Trump civilly liable for defamatory statements made about Carroll in 2019, when she first publicly shared her rape allegations. As a result, the upcoming trial will solely focus on determining the amount of monetary damages Trump should pay Carroll.

Responding to the order, Carroll’s lawyer Robbie Kaplan said, “We look forward to both the damages trial on January 15 and presenting our arguments to the Second Circuit on Donald Trump’s waived presidential immunity.”

In court filings, Kaplan has criticized Trump’s appeals, accusing him of using legal tactics by raising the claim of absolute presidential immunity as the case neared trial and he continued to face unfavorable court rulings.

A lawyer representing Trump did not immediately provide a comment in response to the order.

In May, a jury in a Manhattan federal court awarded Carroll $5 million in damages in the other lawsuit, finding Trump guilty of sexually abusing her at the Bergdorf Goodman department store in the 1990s and defaming her in subsequent denials of her allegations.

Trump, who denies sexually assaulting Carroll, is appealing this verdict.

In the pending lawsuit heading to trial, Carroll alleges that Trump defamed her in 2019 when he, as president, initially denied her rape claim. The case faced years of delays due to legal proceedings, including an attempt by the Department of Justice to dismiss Carroll’s claim by arguing Trump had immunity as president.

In July, the DOJ dropped those efforts, citing a ruling by the federal appeals court in Washington, D.C., which suggested Trump could be personally sued if his statements did not serve the purpose of the U.S. government.

The DOJ also noted that Trump’s alleged defamatory statements about Carroll continued after he left the White House in January 2021.