Donald Trump and the Department of Justice have petitioned the Supreme Court to overturn an $83.3 million defamation verdict awarded to writer E. Jean Carroll. Trump's lawyers argue that presidential immunity shields him from liability for statements made in 2019 while in office. Concurrently, the Justice Department is seeking to invoke the Westfall Act to substitute the U.S. government as the defendant, which would effectively dismiss the case. This appeal follows the Supreme Court's June 2026 refusal to hear Trump's appeal of a separate $5 million verdict in Carroll's favor.
Supreme Court appeal Carroll verdict
- ▪Donald Trump and the Department of Justice petitioned the Supreme Court on July 28, 2026, to overturn an $83.3 million defamation verdict awarded to E. Jean Carroll
- ▪The Supreme Court is scheduled to consider the petitions from Donald Trump and the Department of Justice at a closed-door meeting after returning from summer recess
Westfall Act substitution strategy
- ▪The Department of Justice petitioned the Supreme Court to substitute the United States government for Donald Trump as the defendant in the E. Jean Carroll lawsuit
- ▪The Biden-era Department of Justice dropped its initial effort to substitute the government as the defendant in the E. Jean Carroll lawsuit in 2023, but the department renewed the effort after Donald Trump returned to the presidency
- ▪The Department of Justice seeks to invoke the Westfall Act of 1988, which shields federal employees from civil claims, including defamation, for conduct performed within the scope of their duties
Presidential immunity defense
- ▪Donald Trump's lawyers argue that a 2024 Supreme Court ruling establishing broad presidential immunity for official acts requires the E. Jean Carroll defamation verdict to be overturned
- ▪Donald Trump's lawyers argue that presidential immunity protects Donald Trump from the $83.3 million defamation award because he made the statements in 2019 while serving as president
- ▪Donald Trump's lawyers argue that allowing the defamation verdict to stand will constitutionally weaken future presidents by exposing them to liability for statements made while in office
Official duties scope argument
- ▪The 2nd U.S. Circuit Court of Appeals rejected Donald Trump's immunity defense, ruling that Donald Trump forfeited the defense by failing to invoke it in his first responsive pleading
- ▪Donald Trump's personal attorneys argue that presidential statements responding to press questions about fitness for office are official duties and matters of public concern
Carroll defamation case history
- ▪The Supreme Court declined in June 2026 to hear Donald Trump's appeal of the $5 million verdict, and E. Jean Carroll received the funds plus interest in July 2026
- ▪A separate Manhattan federal court jury in May 2023 found Donald Trump liable for sexually abusing E. Jean Carroll in the 1990s and defaming her in 2022, awarding her $5 million
- ▪A Manhattan federal court jury awarded E. Jean Carroll $83.3 million in damages in January 2024 for defamatory statements Donald Trump made in 2019
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