The U.S. Court of Appeals for the Second Circuit on Monday declined to rehear Donald Trump's appeal for immunity in the E. Jean Carroll defamation case, leaving the U.S. Supreme Court as his final option.
Otherwise, a second trial will begin Jan. 16 to determine how much more than $5 million Trump would have to pay in defamation damages to Carroll.
The Second Circuit declined Trump's bid last week but his legal team appealed for the case to be heard en banc — before the entire 13-judge panel. In the absence of a judge "having called for a poll," Trump's petition was denied in a single-page order.
Trump signaled last month he would petition SCOTUS if it came to that.
At issue are Trump's comments he made about Carroll and her allegations of sexual assault in 2019. Trump had attempted to argue that he couldn't be sued over the remarks, which were made while he was president, due to presidential immunity. However, the court ruled unanimously that Trump waited too long to raise the issue of presidential immunity as a defense.
A previous trial involving Trump and Carroll resulted in a jury finding Trump liable for sexual abuse and defamation and awarding Carroll $5 million in damages. Trump is appealing that verdict and continues to deny the allegations.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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