President Donald Trump wanted American taxpayers to foot a legal bill after his massive jury award in the Jean E. Carroll defamation case. The U.S. Court of Appeals for the 2nd Circuit handed Trump a huge loss in June when it rejected his effort to get the public to pay for his appeal of the $83 million judgment.
Now the court is explaining its decision.
Back in June, the three-judge panel denied Trump’s appeal under the Westfall Act of 1988, which protects federal employees from a type of tort lawsuit or civilian suit “while engaged in their duties for the government, while giving private citizens a route to seek damage from the government for violations.”
Trump and the Justice Department argued that when Trump denied Carroll’s allegations of sexual assault in a written statement and in comments on the lawn of the White House in 2019, which formed the foundation of her case, they should have been covered by the Westfall Act because he was acting within the scope of his job as President.
Carroll opposed the motion, and the Appeals Court rejected Trump’s argument in June, now detailing its decision in a 23-page opinion.
“To hear the court tell it, the Westfall Act itself ‘statutorily’ bars the claims because they were filed after trial, Trump and the government ‘both waived their rights’ by filing for such relief at the wrong time, and ‘in any event, principles of equity warrant denying the belated motion’ and affirming Carroll’s victory against Trump himself,” Law and Crime reported.
The Court wrote: “Specifically, we conclude that the motion is statutorily barred by the text of the Westfall Act, that both Trump and the government waived any right to now move for substitution by failing to timely petition the District Court, and that, in any event, principles of equity warrant denying the belated motion.”
The 81-year-old Carroll celebrated the decision in a post on X Tuesday, “Just a reminder: Trump keeps losing to an old woman.”
Of course, you can’t avoid the trolls, but Carroll took it in stride.
“You still haven’t gotten a penny from him lmao,” MAGA social media influencer Scott Fishman said in a responding post
“But! I won both cases. He keeps losing his appeals. And I will beat him in the end,” Carroll said in gleeful delight.
Another MAGA troll suggested that she better just hold her horses because Trump will follow his playbook and appeal the case all the way to the high court. “Let’s not be hasty and wait for the Supreme Court to review the entire case from start to finish.
Carroll’s reply was epic. “Dude, I don’t think the Supreme Court is EAGER to review a case about the President —a man found liable for sexual abuse by two juries, credibly accused of sexual assault by 23 women, and who is currently trying to cover up his wild nights with Epstein.”
A jury found Trump liable for defamation and sexual abuse of E. Jean Carroll in 2023. She was awarded $5 million in that case. Then, in 2024, Trump was found liable for defamation against Carroll for comments he made after he lost the first lawsuit and handed her $83 million in damages. Trump posted a $91 million bond as he appealed the verdict.
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