In a significant legal blow to former President Donald Trump, the 2nd Circuit Court of Appeals ruled against him on Wednesday, December 13, denying his claim of presidential immunity in a defamation lawsuit brought by writer E. Jean Carroll. The court upheld a previous ruling that Trump cannot shield himself from Carroll’s accusations of defamation when he denied her 1990s rape allegation while serving as president.
CBS News Congressional Correspondent, Scott MacFarlane, reported the development on social media, underlining the gravity of the decision that deals a major setback to Trump’s ongoing efforts to assert presidential immunity in this case.
The Justice Department’s announcement in July, stating it no longer considered Trump immune from the suit, set the stage for the recent ruling. The decision adds momentum to Carroll’s defamation claim, where she seeks accountability from Trump for publicly refuting her rape allegations and asserting she fabricated the story for book sales.
In a prior victory for Carroll in September, a judge ruled that the case would proceed to trial in 2023 on the defamation claims. Trump’s attempt to evade legal liability by contending he acted in his official capacity as president during the denial of Carroll’s decades-old rape allegation was firmly rejected by the appeals court. The court asserted, “the president is not immune from suit for his unofficial torts,” whether committed before or during his presidency.
This precedent-setting decision not only limits presidential immunity but also emphasizes that Trump, in this case, stands vulnerable to legal action as an ordinary private citizen accused of defamatory remarks. The ruling challenges the notion that a sitting or former president can claim immunity for unofficial acts.
Trump may choose to appeal the decision to the Supreme Court in a final effort to secure immunity. However, Carroll’s attorneys are currently celebrating a significant advancement in their pursuit to hold Trump accountable as an ordinary citizen. The decision underscores that Trump remains susceptible to facing legal consequences for his actions.
The latest legal setback further extends Trump’s series of court losses, highlighting the ongoing challenges he faces post-presidency. Carroll’s persistent legal efforts continue to gain traction, signaling a potential trial that could bring the allegations against Trump into a courtroom. Tuesday’s appeals court ruling emphasizes that Trump cannot evade responsibility for serious allegations, even as he navigates the legal landscape post-presidency.