A federal appeals court on Monday upheld the $83.3 million jury verdict against former President Donald Trump for defaming writer E. Jean Carroll in 2019.
The 2nd Circuit Court of Appeals ruled that the damages were justified based on the evidence presented, writing: “The district court did not err in its rulings, and the jury’s award was reasonable in light of the extraordinary and egregious facts of this case.”
Trump’s attempt to claim presidential immunity on the grounds that the remarks were made while in office was also rejected. The three-judge panel pointed to Trump’s repeated denials and personal attacks on Carroll, including comments that she was “not my type” and had fabricated her story to sell books. They noted he made similar remarks even after an earlier jury had already found his statements defamatory.
“He launched three of these attacks within 48 hours of the Carroll verdict and continued in the days and weeks leading up to this trial,” the judges wrote, concluding that such “extraordinary conduct” justified the punitive damages awarded.
Carroll, a former magazine columnist, has alleged that Trump raped her in a New York department store in the 1990s and later defamed her when he dismissed her claims. She sued under a state law allowing older sexual assault claims to be revisited. In 2023, a jury awarded her $5 million for sexual abuse and defamation a decision already upheld on appeal.
The case affirmed Monday is separate, stemming from Trump’s 2019 remarks dismissing Carroll’s allegations. During the 2024 trial, Trump testified briefly, standing by his denials and insisting he was defending himself, his family, and the presidency. Jurors also viewed excerpts from a 2022 deposition in which he called Carroll “a liar” and “sick,” as well as his “whack job” comment at a CNN town hall days after the first verdict.
That jury ultimately held Trump liable for defamation and ordered him to pay $83.3 million in compensatory and punitive damages. Trump has already posted a $92 million bond while appealing.
Carroll’s attorney, Roberta Kaplan, said Monday: “We look forward to an end to the appellate process so that justice will finally be done.”
Trump has until November to petition the Supreme Court to take up the case.
Kaplan said the Second Circuit’s 70-page decision made clear that “E. Jean Carroll was truthful, and President Donald Trump was not.”
In response, Trump’s legal team called for “a swift dismissal of all the Witch Hunts” targeting him. A spokesperson claimed the American people supported Trump in opposing what they described as the politicization of the justice system, including what they labeled the “Democrat-funded Carroll hoaxes.” The statement also argued that the Justice Department should be required to take over his defense, since Carroll’s allegations stemmed from statements he made as president.
Trump is now petitioning the full Second Circuit to allow DOJ lawyers to represent him in further appeals, potentially all the way to the Supreme Court. He maintains that he should be shielded by presidential immunity because his comments were made in his official capacity an argument lower courts have already rejected.
Carroll has not yet responded to Monday’s ruling. Carroll published a book this year titled, “Not My Type: One Woman vs. a President.”
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