Trump Reminded That Election to Presidency Won’t Exempt Him from Defamation Liability in E. Jean Carroll Case

Donald Trump, despite his political achievements, is still liable for substantial financial penalties in connection with legal cases related to defamation and sexual assault. One of the cases that continues to draw attention is his ongoing legal battle with journalist E. Jean Carroll. Trump’s legal team, including attorney Robbie Kaplan, has emphasized that his return to the presidency does not affect his responsibility to pay damages. The legal principles that led to two separate jury verdicts against him finding that he sexually assaulted and defamed Carroll remain in force regardless of his political position.

In 2023, a Manhattan civil jury determined that Trump sexually assaulted Carroll in a dressing room at the Bergdorf Goodman department store in the late 1990s. The jury’s verdict included an award of $5 million in damages for the defamation claims arising from Trump’s public denials of the assault and his assertions that he did not even know Carroll. These events culminated in a second trial in January 2024, which resulted in a significant ruling in favor of Carroll. This second jury awarded her $83.3 million in damages, further cementing Trump’s liability.

The timing of these cases was somewhat unusual due to procedural issues. The first case, referred to as Carroll I, was decided after the second, which is known as Carroll II. Despite this, Carroll I resulted in the larger award. Carroll II, which included the sexual battery claim permitted under New York’s recently passed Adult Survivors Act, led to the $5 million defamation award. Both verdicts are linked to the same set of allegations but differ in the specifics of the claims presented.

Trump’s legal team is currently appealing both verdicts, hoping for a new trial in each case. In a bid to sway the appeals court, Trump’s lawyer D. John Sauer argued that the original trial was tainted by evidence deemed prejudicial, including testimonies from witnesses who claimed Carroll had told them about the assault years earlier. Trump’s team also criticized the use of testimonies from other women who have accused him of similar misconduct, as well as the notorious 2005 “Access Hollywood” recording in which Trump is heard making crude remarks about women.

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While Trump’s legal team has described the case as a “he-said, she-said” situation and questioned the reliability of evidence, some legal observers remain skeptical of his chances on appeal. Senior U.S. Circuit Judge Denny Chin, who was involved in the oral arguments in the appeal, remarked that it is typically difficult to overturn a jury’s verdict based on evidentiary rulings. This suggests that Trump’s efforts to challenge the decisions may face an uphill battle.

For now, the financial burden of the damages is on hold pending the outcome of the appeal. In March 2024, a judge approved a bond to secure the $91.63 million owed to Carroll. This bond reflects the combined financial liability stemming from both defamation and sexual assault claims. Trump’s legal team continues to press for a new trial, but the previous jury verdicts stand as a reminder that the legal process, even for a former president, can result in significant consequences.

The case has garnered attention not only for the financial stakes involved but also for the broader implications it has on Trump’s reputation and future. It underscores that, even in the face of a successful electoral campaign and a potential return to the presidency, legal accountability remains an issue that can follow individuals regardless of their political standing.

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This ongoing legal battle represents just one of several legal challenges Trump faces as he seeks to re-enter the political arena. However, as Kaplan and others have pointed out, Trump’s political status does not shield him from personal accountability. The principles of justice that led to his legal liabilities are not swayed by political power, serving as a reminder that even a former president must answer to the law for his actions.