Appeals Court Temporarily Blocks $83M Payment to E. Jean Carroll From Trump
The motion for a stay was granted “pending filing and disposition of a petition for a writ of certiorari in the Supreme Court.”
The U.S. Court of Appeals for the Second Circuit granted President Donald Trump’s request for a stay on an order to pay $83 million to E. Jean Carroll in her defamation case until the Supreme Court decides if it will take up the case.
In January 2024, a jury ordered Trump to pay Carroll $83 million.
The breakdown is $18.3 million in compensatory damages and $65 million in punitive damages.
Carroll accused Trump of raping her in 1996 at the Bergdorf Goodman across from Trump Tower.
The jury had to determine how much Trump owed Carroll since he “was already found liable for sexually abusing Carroll, lying about it and knowing that he was lying when he denied her allegations.”
Trump appealed the verdict, arguing that the Westfall Act shielded him since “he acted in his official capacity when making the defamatory comments.”
Terrance explained the Act:
The Westfall Act provides a shield for federal employees against civil actions when acting in an official capacity. The Westfall Act allows for the U.S. to be substituted as the plaintiff in civil actions against the federal employee when the federal employee’s conduct at issue occurred in the employee’s official capacity.
Substitution can occur when the U.S. Attorney General certifies that the conduct occurred in an official capacity or when the federal employee files a motion arguing that the conduct occurred in an official capacity. In either case, the court must consider whether substitution is appropriate.
But the Second Circuit ruled “that the Westfall Act barred the substitution as untimely, that Trump and the federal government waived their right to move for substitution, and that the principles of equity barred the substitution.”
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Comments
Heck yes!!!
Well, waitaminnit. If the Westfall Act operates as described here, Carroll still gets the money, it just comes from the Treasury instead of Trump. That’s better, but not good enough.
There aren’t many certainties in life but the chances that DJT was hitting on this woman are slim and none and Slim just left town.
Trump has a history of banging some top shelf A Grade kitteh over the years. As you say PM, there is no way in hell he would have given this woman a second look, or even a first look 🤣
During depositions Trump was shown a photo of Carroll taken around the time of the alleged incident. He misidentified the photo as his former wife, Marla Maples. Your puerile argument about her looks doesn’t even pass muster.
I believe he banged this slut. I also believe she was willing and doesn’t deserve a cent.
Really. In a department store dressing room? I have done plenty women, but I have never been that desperate. Trump had better ways to slip his sausage into a baby tunnel, and this ain’t it.
Slim also denies hitting on her.
Literally EVERYTHING about this story was ridiculous. In the 90s Trump was a giant celebrity in NYC. The idea that he could go ANYWHERE without a mob and people recognizing him, much less going alone to an upscale department store, is absurd on its face.
And that’s even before you get into her ridiculous non-falsifiable story where the few details she did provide were provably false.
The jury verdict was absurd. She was literally the only witness, but they only found him guilty of a reduced charge – so they knew she was a liar but HAD to find him guilty of SOMETHING.
Trump had to pay someone who defamed him. A typical New York legal outcome.
One thing that *constantly* baffles me about the US civil legal system is how a known liar can smear a public figure without any problems, but when said public figure calls the known liar a known liar, they get to go crying off to court with dreamed-up claims that even a 5-year-old wouldn’t believe and cash in for obnoxious amounts of cash provided the judge and jury hate the public figure too. And then even more baffling, how an appeals court can’t just say “This case was crap” and throw the whole thing out wholesale.
I’ll say it.
–Carroll defamed Trump in her book so she would sell more books and earn more cash from rabid-Trump haters.
–Trump called her what she is.
–Sue me.
“Sue me”
How much money do you got?
If this case had been in front of a competent court it would have never made it past the initial filing.
except the judge was corrupt
That’s why it was in NY.
The idea of changing the statute of limitations for a single instance just so it would only affect Trump is criminal on its face.
That didn’t happen.
That’s more than even a prostitute gets.
I needed to reset my password with wordpress and it seemed to send to me into an admin system. I got out fast, just in case.
About half the time LI demands I re-supply my password and I do, it sends me to a page where I can choose the color of my interface, instead of back to the page I was trying to read in the first place. There’s no good way out of it other than to go directly to the home page and start over. If you try to “back up” to the page you were reading, it suddenly considers you un-logged-in, even if you refresh the page (I don’t even understand how you could code this to happen).
I’m a bit confused by this explanation.
1st, AFIK Trump was accused of sexual assault (in this case unsolicited groping), not rape. AFIK, he was never actually legally convicted of the accused crime, .The accusation only being made long after the SoL had expired, and whin in any case it would be improbable that any investigation could confirm it’s truth of falsity.
The “Rape” label is the Gobels-esque lie that TDS sufferers have repeated and repeated in the belief that repetition overcomes falsity.
2nd, the (civil) fines are not for the purported assault crime, but imposed under the theory that claiming innocence of a crime you’ve never been criminally convicted for is itself a (civil) crime of defamation. Under this theory, every blessed accused – but never convicted (or likely to be) – person is obligated to never defend themselves to the public. If you’ve never viewed the movie “A Man for All Seasons”, you’ve missed viewing a famous scene making the case that perverting / removing legal protections in order to “get the devil” is a…… Bad Idea.
3rd, AFAIK the “official capacity” pleadings are merely a delaying tactic, they’re not claiming any (postulated) sexual assault was some sort of official duty of a govt office, they’re pleading that based on the timing and facts of the prosecution they are an attempt to use Lawfare to sabotage T’s ability to perform his office. Such protection would inevitably expire once T leaves office – but in the meantime he gets breathing space to continue trying to not cancel Carrol’s legal lottery winnings.
A thoroughly despicable woman. Trump would not have gone near her with a ten foot pole and Bergdorf’s would not have unlocked the dressing room door for her. Let her mange merde.
Even if you believe that Trump was / is the sort to enjoy forcible unwanted sexual activity – Carrol is not exactly a hottie. Not now and not decades ago.
Face it, T was / is a very very rich guy, his current wife is a supermodel, his previous known partners were / are quite attractive. The idea that he had to resort to an unwilling 5 when he has the ability to do the bedtime boogie with willing 9’s and 10’s seems…. unlikely.
Add to that Carrol’s failure to report to the authorities – timely or at all – is total sus.
As is her inability / unwillingness to narrow the timeframe smaller than a decade.
And the idea that the reason she didn’t report back then because she feared a rich real estate developer but later didn’t fear an even richer President is somewhat….. illogical.
Indeed, this argument would carry great weight had not Trump disastrously misidentified a photo of her as his wife.
Yes, in a deposition he did misidentify in one old B&W group photo (showing a group with Carroll only having a partial headshot) Carroll (blonde) as his 2nd wife Marla Maples (also blonde). Which proves…?
The supposed “smoking gun” there is that you might use that to argue that Trump liked blondes in general – meaning that Carroll after all WAS his “type”.
Generally a “type” includes more than a partial headshot pic, however.
I can’t recall any pinup or cheesecake posters that only show the head, and only part of it at that.
However no one goons on a part
-isl headshot unless they’re seriously into that particular kink.
She was not bad looking in her younger days, but in any case, if she doesn’t repent of this, the eternity that faces her is not even describable.
Back when I taught high school US History I would linger over the Salem Witch Trials and how ‘spectral evidence’ was disallowed in future trials as there was no way to challenge or refute it. This was foundational, so I would teach, to the development of the US legal code.
Sadly, it appears that spectral evidence (at least in this case) is once again allowed.
Spectral evidence, collective guilt, even deodands… you can take superstition out of the law, but you can’t take it out of Democrat heads.
so the biggest issue was him ,,,according to lefty
lying about it and knowing that he was lying when he denied her allegations.”
yet women who are caught lying about being ra ped etc are not prosecuted 99.9 percent of the time b/c as lefty says
this will discourage other women from coming forward with ra pe sex assault allegations
lol
absolutely typical lefty double talk
then no one should ever be in trouble for lying b/c of their “reasoning”
Correct. It is because of the Pound Me Too moment that I automatically believe that any claim of rape rape by a woman is a lie.
“other” accounts of trumps same behavior was cited as proof that he is guilty
wtf would that have to do with her exact experience ,,if she had any , with trump!!??
how can that be allowed when a womens past sexual history is not allowed per rape shield laws?
double standard
The trial against Donald J. Trump in E. Jean Carroll’s civil case relied primarily on testimonial evidence from Carroll and multiple witnesses, contemporaneous outcry statements, prior-acts testimony from other women alleging similar conduct, and recordings and deposition excerpts containing Trump’s own words; the jury found those assembled materials sufficient to prove both sexual assault and defamation.
Coverage of the evidence highlights a contrast between the plaintiffs’ reliance on credibility, corroborating witness accounts, and Trump’s recorded statements, and the defense’s emphasis that there was no DNA, no contemporaneous police report, and no direct eyewitness to the alleged assault, matters the defense argued undermined Carroll’s account
she didnt report anything
there was no dna evidence against trump
and E. Jean herself said
but she struggled to pinpoint the year that she alleges he raped her in the dressing room of a Manhattan department store.
She added a charge of battery under a recently adopted New York law that allows adult survivors of sexual abuse to sue their alleged attacker regardless of the statute of limitations.
the law is capricious, at best ,and violates/abuses the rule of law and fairness that should accompany laws as the stand
I mean they let murderers who were given life sentences, to be freed,, what kind of “law” is that,,that we allow,,,thats allowing the whims of a judge or political persuasion to rule the day
Can’t remember the year, date or time. Didn’t report it. Dress she said she had on was purchased years later…judge would not allow in evidence.
NY Justice is dangerously off the rails. Everyone of Trump’s judges was an out an out incompetent loon. One was both a loon and making money off the case via his daughter. Would not recuse himself. A reported $2M was paid her.
Some of the finest attorneys I have ever met practice in NY.
As did the absolute worst and most incompetent judges and government lawyers.
Trump was charged with rape. The jury found him NOT guilty.
The Judge then entered a verdict of guilty for sexual assault based on statements that Trump had made about Carroll DURING the trial, for which Trump had never been charged, He made a variety of comments about her being crazy, and lying about various things. Somehow this became a guilty conviction for “sexual assault”.
The jury was then instructed to come up with an amount of $$ Trump owed her for this.
Multiple ways Trump ought to have been able to get this thrown out. He was convicted of a charge that he wasn’t indicted for. So, he was never able to present any defense. And, statements made by a defendant about an accuser during a trial would clearly be protected under the 1st Amendment (or, at worst, if there was slander, he could be sued separately for it later).
The basis of this current appeal seems rather thin. That he was acting in his official capacity when commenting about a case that was personal and unrelated to his duties? SCOTUS could simply refuse to take the case (IMO the likely result) and he ends up having to pay.
Why didn’t he appeal based on the more serious issues?
Unfortunately the public has just conceded a point that isn’t true but it necessary for false claims like this (and those against Kavanaugh, Thomas, etc.) to occur.
It isn’t the “trauma” from the incident that keeps these women from pinning down even the year these alleged crimes happened.
It is the fact that the people they are accusing could have evidence they weren’t even in the area the incident actually occurred.
For example, Christine Blasey Ford changed her story from initially saying Kavanaugh assaulted her when she was in her “late teens” to “I don’t know”, when they realized that by the time she was in her late teens Kavanaugh had left the area and wouldn’t have been going to the party she described.
It’s why these shows only happen in Congressional hearings and civil courts, no prosecutor would dream of charging an accused for an actual crime when the year it happened can’t even be specified.
I have seen exactly that thing happen. The jury bought it and convicted.
Carrol belongs in a mental institution.
She falsely accused a rich man of a serious crime to cash in, knowing that this would work in a city that is a hotbed of TDS. She belongs in jail, along with the judge and jury that plotted so hard to make this travesty stick.