Lawyers for U.S. President Donald Trump are asking a federal appeals court to pause the $83.3 million judgment awarded to writer E. Jean Carroll in her defamation case against him while they seek review from the U.S. Supreme Court.
The request, filed late Tuesday night, focuses mainly on claims of presidential immunity and the protections offered under the Westfall Act. Trump’s legal team argues that his comments about Carroll were made while he was serving as president and should therefore be protected under federal law.
Trump Seeks Temporary Pause on Judgment
Trump’s lawyers asked the U.S. Court of Appeals for the Second Circuit to stay the mandate in the case while they prepare a petition for Supreme Court review.
A stay would temporarily stop further legal action connected to the judgment while the higher court considers whether it will hear the case.
According to the filing:
“This Court should now stay the mandate to allow President Trump to present important questions relating to, without limitation, Presidential immunity and the Westfall Act to the Supreme Court.”
The filing was submitted by Trump attorney Justin Smith from the James Otis Law Group.
Carroll’s Team Does Not Oppose the Request
Interestingly, Carroll’s legal team is not opposing the request for a temporary pause, but only under one condition.
Trump would need to increase the bond by approximately $7.46 million to cover post-judgment interest on the original $83.3 million award while the appeal process continues.
The filing clearly stated:
“Carroll does not oppose this motion.”
What Is the E. Jean Carroll Case About?
Carroll originally sued Trump for defamation in November 2019 during Trump’s first presidential term.
The lawsuit came after Trump publicly denied Carroll’s sexual assault allegations and made comments attacking her credibility. Carroll argued those statements damaged her reputation.
In May 2023, a jury found Trump liable for sexual abuse and defamation in one civil case. Later, another jury ordered Trump to pay $83.3 million in damages in a separate defamation trial connected to statements he made about Carroll.
The legal battle has become one of the most high-profile cases involving Trump.
Trump’s Lawyers Argue Presidential Immunity
Trump’s legal team says the Supreme Court should review whether a sitting president can be personally sued for statements made while performing official duties.
They argue Trump’s comments were official presidential statements and should therefore be protected by presidential immunity.
According to the filing:
| Legal Argument | Trump Team’s Position |
|---|---|
| Presidential Immunity | Trump’s statements were made while serving as president |
| Westfall Act Protection | The U.S. government should replace Trump as defendant |
| Ongoing Harm | Trump could face enforcement actions before Supreme Court review |
| Financial Risk | Money may be difficult to recover if Supreme Court reverses ruling |
Trump’s lawyers said there is a “reasonable probability” that the Supreme Court will agree to hear the case.
What Is the Westfall Act?
The Westfall Act is a federal law that protects government employees from being personally sued for actions connected to their official duties.
Under the law:
- The federal government can replace the individual defendant
- Lawsuits are redirected toward the United States government
- Employees receive protection from personal liability in some civil cases
Trump’s lawyers argue the law should apply because the disputed comments were made while he was president.
Essentially, they want the courts to treat Trump’s remarks as official actions rather than personal statements.
Appeals Court Judges Previously Raised Concerns
The filing also points to a dissent written by three judges after the Second Circuit denied a rehearing request earlier in the case.
Trump’s lawyers argue those judges identified serious legal questions involving:
- Presidential immunity
- Waiver of protections under the Westfall Act
- How lower courts handled the case
The legal team claims these issues make Supreme Court review more likely.
Trump Lawyers Warn of ‘Irreparable Harm’
Trump’s attorneys argued that allowing the judgment to move forward before Supreme Court review would cause “ongoing irreparable harm.”
They said Trump could face collection efforts or enforcement proceedings connected to the $83.3 million judgment before the Supreme Court decides whether the lower courts were correct.
The filing stated:
“Issuing the mandate and permitting lower court proceedings to move forward during Supreme Court review of these significant questions would eviscerate the immunity.”
The lawyers also argued there could be problems recovering the money later if the Supreme Court eventually overturns the ruling.
Attorney Justin Smith Also Facing Judicial Nomination
The motion was filed by Justin Smith of the James Otis Law Group.
Smith has recently gained attention beyond the Carroll case because Trump nominated him earlier this year to become a judge on the U.S. Court of Appeals for the Eighth Circuit.
The Senate Judiciary Committee held hearings on his nomination on April 15.
This connection is likely to attract additional political attention to the case.
The legal fight between Donald Trump and E. Jean Carroll continues to move through the American court system as Trump’s lawyers now prepare to take the case to the Supreme Court.
At the center of the dispute are major constitutional and legal questions involving presidential immunity and the Westfall Act. While Carroll’s team is not opposing a temporary stay of the judgment, the broader case remains politically and legally significant.
The Supreme Court’s decision on whether to hear the case could have major implications not only for Trump but also for future presidents and the legal protections connected to official presidential actions.
