Trump Seeks Stay of $83.3M Carroll Defamation Judgment

Former President Donald Trump's lawyer asked the 2nd U.S. Circuit Court of Appeals in New York on Tuesday to stay enforcement of an $83.3 million defamation judgment awarded to writer E. Jean Carroll, pending a planned appeal to the Supreme Court.

Justin D. Smith, Trump's attorney, argued in the filing that Trump would suffer irreparable harm if forced to pay immediately. Smith noted Carroll's public statements that she intends to donate the funds, making recovery unlikely if higher courts overturn the verdict. The request seeks to halt the appeals court's mandate upholding the judgment until the Supreme Court resolves a petition for certiorari.

Smith cited presidential immunity and the Westfall Act, a federal law shielding government employees from personal tort liability for actions taken in their official capacity. The filing contends Trump's 2019 statements defaming Carroll, made while he was president, qualify for protection. It references a recent dissent by three 2nd Circuit judges who questioned the panel's September ruling that immunity and the Westfall Act do not apply. Smith wrote that there is a "reasonable probability" the Supreme Court will take the case and a...