Trump Attempts to Redifine Presidential Immunity
If the Supreme Court agrees with Trump that statements made as president are immune from defamation liability — even if they target a private citizen and accuse her of lying about sexual assault — that could dramatically expand presidential power.
POLITICS
Former President Donald Trump has filed a petition with the Supreme Court of the United States seeking to overturn two civil verdicts against him in lawsuits brought by writer and columnist E. Jean Carroll. The cases stem from Carroll’s accusations that Trump sexually assaulted her in a department-store dressing room in the 1990s and later defamed her when she went public with her claims in 2019.
In May 2023, a federal jury found Trump liable for sexual abuse and defamation and awarded Carroll approximately $5 million. In January 2024, a second jury awarded her an additional $83.3 million in damages for statements Trump made about her while he was president in 2019, rejecting his claim of presidential immunity.
Trump’s petition to the Supreme Court argues that the district court committed legal errors, especially in admitting certain testimony—such as from other women alleging sexual misconduct and the so-called “Access Hollywood” tape. He further argues that he was acting within his official duties and thus enjoys presidential immunity. The Second Circuit Court of Appeals previously rejected those same arguments, upholding both verdicts in full.
Carroll’s legal team maintains that Trump’s comments were private, personal conduct—not presidential acts—and therefore not protected by immunity. They argue the jury awards reflect not just defamation but also the uniquely egregious nature of Trump’s public statements against her. If the Supreme Court agrees to hear the case and reverses one verdict, it could undermine the other—and potentially reduce the total amount Trump owes. The Court has not yet indicated whether it will grant review.