A federal appeals court in New York dismissed former President Donald Trump’s request to reexamine his claim of presidential immunity in a high-profile defamation lawsuit filed by writer E. Jean Carroll on Monday.
The 2nd U.S. Circuit Court of Appeals in Manhattan denied on Monday to hear Trump’s request to review the issue of presidential immunity—the claim that a president is immune from lawsuits and actions while in office.
According to a one-page order, no judge on the appeals court requested a vote on the request.
Last month, the appeals court rejected Trump’s presidential immunity claim, confirming a federal judge’s decision in August to refuse Trump’s request, arguing that Trump “waived the defense of presidential immunity by failing to raise it” earlier in the case.
Forbes reached out to Carroll’s lawyer, Roberta Kaplan, and Trump’s lawyer, Alina Habba, for comment.
Trump has not appealed the case to the Supreme Court, despite Habba earlier stating that he would, and the trial will begin on January 16 unless the Supreme Court takes up the matter.
Carroll’s case arises from an allegation that Trump sexually abused her in a luxury department store dressing room in 1996, which Trump has denied. The forthcoming trial follows a May jury ruling that found Trump guilty of defaming and sexually abusing Carroll, awarding the author nearly $5 million in damages. Whether Carroll should be awarded damages for Trump’s comments made after the verdict, in which he called the case a “complete con job” and claimed he didn’t know Carroll, as well as statements he made in 2019 during his presidency, in which he accused Carroll of fabricating her allegations against him in order to boost sales of her upcoming book, will be decided by a jury. Carroll is suing for at least $10 million in monetary damages.
Trump also claimed on Monday that a Georgia court should dismiss criminal charges related to suspected election involvement because of presidential immunity, despite the fact that other courts had previously rejected his request for protection. In a separate case, prosecutors from the Department of Justice asked the Supreme Court last month to rule “promptly” on whether Trump’s presidential immunity would protect him in his federal election interference case, after Federal District Judge Tanya Chutkan denied Trump’s request, saying he does not have the “divine right of kings to evade the criminal accountability that governs his fellow citizens.” After Trump claimed that the charges against him should be dropped because the substance of the allegations occurred during his presidential term, Jack Smith, the special counsel leading the federal investigation into Trump’s alleged efforts to overturn the results of his 2020 election loss to President Joe Biden, asked the Supreme Court last month if Trump is “absolutely immune” from prosecution over any crimes he committed while in office.