By Blessing Nweke
President Donald Trump asked a federal appeals court Tuesday to pause its ruling rejecting his challenge to E. Jean Carroll’s $83 million defamation judgment as he prepares to seek review from the Supreme Court.
In a filing to the 2nd U.S. Circuit Court of Appeals in New York, Trump’s legal team urged the court to halt enforcement of the decision so it can raise constitutional questions involving presidential immunity and the Westfall Act before the nation’s highest court.
A split panel of the appeals court declined to rehear Trump’s challenge en banc, effectively clearing the way for him to petition the Supreme Court.
The case stems from a jury verdict finding Trump liable for defamation after he repeatedly denied Carroll’s allegation that he sexually abused her in a Manhattan department store dressing room in 1996, and it resulted in the $83 million award.
Trump’s lawyers argued there is a strong likelihood the Supreme Court could reverse the appellate panel’s decision, saying he faces irreparable harm if enforcement of the judgment is not paused during the appeal process.
Carroll’s attorneys said they would not oppose Trump’s request provided he increases his appeal bond by $7.46 million to account for interest accruing during Supreme Court.
The dispute centers on whether Trump can invoke presidential immunity and federal employment protections to remove himself as defendant, which would bar Carroll’s defamation claim against the government.
A Justice Department filing said the federal government will support Trump’s request for a temporary pause and intends to ask the Supreme Court to review whether he can be substituted as defendant under the Westfall Act, potentially reshaping the litigation process underway.
Original article
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