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President Donald Trump and the U.S. Department of Justice are asking a federal appeals court to halt enforcement of an $83.3 million defamation judgment awarded to writer E. Jean Carroll while they pursue review by the Supreme Court.
The request, filed Tuesday with the U.S. Court of Appeals for the Second Circuit, argues that the president’s statements at issue may be protected as official presidential acts under a recent Supreme Court ruling on executive immunity.
A New York jury in 2024 found Trump liable for defaming Carroll after he denied her allegation that he sexually assaulted her in the 1990s.
Trump’s attorney, Justin Smith, wrote that the Supreme Court’s decision in Trump v. United States supports the argument that the trial may have improperly allowed claims based on actions shielded by presidential immunity.
“The decision in Trump v. United States makes clear that President Trump has a serious claim that the district court conducted the trial in this case in violation of presidential immunity,” Smith wrote.
The filing also warned that without a pause, the president could face immediate efforts to collect the judgment, potentially undermining the protections at issue before the Supreme Court has a chance to weigh in.
In a separate filing, Assistant Attorney General Brett Shumate said the Justice Department intends to ask the high court to review whether Trump’s statements fall under the Westfall Act, which can shield federal employees from personal liability for actions taken within the scope of their official duties. The department argued that the United States should have been the defendant in the case.
Carroll did not oppose a temporary stay, provided President Trump increases the bond securing the judgment to account for interest during the appeal.
The case is one of two lawsuits Carroll brought against the president. In a separate 2023 case, a jury found Trump liable for sexual abuse and defamation, awarding her $5 million. President Trump has also asked the Supreme Court to overturn that verdict.
Both cases stem from Carroll’s allegations that President Trump assaulted her in a Manhattan department store in the 1990s and later defamed her by denying the claims.
