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Trump’s ‘Presidential Immunity’ Argument Shattered in Defamation Case

A federal appeals court ruled that former President Donald Trump cannot use presidential immunity as a defense in a defamation lawsuit filed by E. Jean Carroll, as he forfeited this right by not invoking it earlier in the legal process.

Appeals Court Upholds Lower Court’s Ruling

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The 2nd U.S. Circuit Court of Appeals in Manhattan affirmed the lower court’s decision, stating that Trump had effectively lost the right to the immunity defense by failing to present it when Carroll initially sued him.

Trump’s Lawyer Criticizes Ruling

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Trump’s attorney, Alina Habba, criticized the court’s decision as “fundamentally flawed” and announced plans to appeal to the U.S. Supreme Court.

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Legal Team Plans Supreme Court Appeal

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Habba, representing Trump, intends to challenge the appeals court’s decision by filing an immediate appeal with the U.S. Supreme Court.

Carroll’s Lawyer Ready for Trial

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Carroll’s legal team, led by Habba, expressed satisfaction with the appellate court’s ruling and prepared for the trial scheduled for January.

Trump Denies Carroll’s Allegations

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Trump has consistently denied the allegations made by E. Jean Carroll, stating he never encountered her in a Manhattan store as she claimed, and that he does not know her.

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Trump’s 2024 Presidential Bid Amidst Lawsuit

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As Trump prepares for his 2024 presidential campaign, he also faces legal challenges, including the use of the presidential immunity argument in the context of the 2020 election and other charges.

Legal Debate Over Delayed Immunity Defense

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Trump’s legal team argued against the lower court’s decision to dismiss the immunity defense, claiming it was wrongly rejected despite being raised three years after Carroll’s lawsuit.

Appeals Court Supports Lower Court’s Rejection

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The appeals court agreed with U.S. District Judge Lewis Kaplan’s view that the immunity defense was forfeited due to the delay in asserting it.

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Reasoning Behind Appeals Court Decision

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The appeals court ruled that a three-year delay to assert presidential immunity was excessive, based on precedents that consider such a delay as ‘undue.’

Expedited Court Proceedings Pre-Trial

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The appeals court expedited its decision in anticipation of the January trial, focusing on resolving the issues surrounding the damages to be awarded to Carroll.

Jury Verdict on Sexual Abuse Claim

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Earlier, a jury found that Trump sexually abused Carroll but did not support her rape claim, impacting the proceedings of the defamation lawsuit.

Also Read: Biden Walks Off Set During MSNBC Interview, Prompting Criticism and Online Reactions

Carroll Awarded $5 Million

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Carroll was awarded $5 million for sexual abuse and defamation based on Trump’s comments made about her last year.

Upcoming Decision on 2019 Lawsuit

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The original defamation lawsuit filed by Carroll in 2019 remains pending, with the upcoming trial set to decide on it.

Damages the Sole Remaining Issue

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With Trump’s statements in different years essentially similar, the only remaining issue in the lawsuit is determining the appropriate damages.

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Malik is a skilled writer with a passion for news and current events. With their keen eye for detail, they provide insightful perspectives on the latest happenings. Stay informed and engaged!