US appeals court strikes down Trump’s immunity argument in E. Jean Carroll case

Another door has closed on former President Donald Trump in his goal of claiming absolute immunity from prosecution.

On Wednesday, the US Court of Appeals for the 2nd Circuit (which covers Connecticut, New York and Vermont) ruled that the ex-president cannot claim absolute immunity from being held civilly or criminally liable in the courts due to his four years as commander-in-chief. According to CNBC, the ruling determined that Trump lacked immunity after "failing to raise it" in the years following Carroll's initial defamation claim, with the appellate panel calling it "a vexing question of first impression."

"We answer in the affirmative and further hold that Donald J. Trump (‘Defendant’) waived the defense of presidential immunity by failing to raise it as an affirmative defense," the decision read.

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Carroll's defamation case against Trump involves statements he made about the writer while he was president, in which he accused Carroll of lying when she alleged Trump sexually assaulted her in a New York department store in the 1990s. After Wednesday's ruling, Trump's scheduled January 2024 trial in the case will move forward, adding yet another lengthy court process in the middle of the former president's campaign for the Republican presidential nomination.

"We are pleased that the Second Circuit affirmed Judge Kaplan’s rulings and that we can now move forward with trial next month on January 16," Attorney robbie Kaplan, who is representing Carroll, stated.

The addition of the January 16 defamation trial to Trump's legal schedule — the day after the Iowa Caucuses — means that Trump may not be able to be in New Hampshire for the day of the Granite State's January 23 primary. His March 4 trial in US District Court in Washington, DC for alleged election interference also comes a day before the pivotal Super Tuesday primaries. Meanwhile, Judge Aileen Cannon's May 20, 2024 trial date for Trump's alleged mishandling of classified documents comes at the home stretch of the primary season, and Fulton County District Attorney Fani Willis' proposed August 2024 trial will likely keep Trump in courtrooms as the general election campaign season hits its peak.

Earlier this year, the Manhattan federal court ruled that Trump was liable for sexual abuse in the E. Jean Carroll case and for defaming her, and the former president was ordered to pay Carroll $5 million in damages. He has appealed that decision.

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