Dec 28, 2023 - Politics & Policy

Trump loses attempt to delay E. Jean Carroll defamation trial

Trump during a trial at New York State Supreme Court in New York, US, on Thursday, Dec. 7

Trump during a trial at New York State Supreme Court on Dec. 7. Photo: Yuki Iwamura/Bloomberg via Getty Images

A federal appeals court on Thursday rejected former President Trump's bid to delay his upcoming defamation trial in a second lawsuit brought by writer E. Jean Carroll.

Why it matters: The court's ruling will allow the trial to proceed as planned next month after Trump asked for a delay while the U.S. Supreme Court considers whether to weigh in on his presidential immunity claim.

State of play: Earlier this month, a federal appeals court denied Trump's bid to receive immunity in the case. Trump had argued that his comments accusing Carroll of making up her rape accusations were within the scope of his office.

  • After the effort was denied, Trump's lawyers requested the proceedings be paused for 90 days while he considered his options, arguing that a pause was necessary to "fully litigate" his entitlement to an immunity defense.
  • "The denial of this right would upend the longstanding rule that lower courts are divested of jurisdiction for the pendency of an immunity-related appeal," Trump's lawyers wrote.
  • Representatives for Trump did not immediately respond to Axios' request for comment.

Flashback: In Carroll's first lawsuit, Trump was found liable in May of sexually abusing and defaming the writer and ordered to pay $5 million in damages to her.

  • In the second lawsuit, a federal judge ruled in September that Trump was liable for defaming Carroll when he denied her rape accusations in 2019.

What's next: The appeals court's rejection on Thursday means the case is scheduled to go to trial on Jan. 16.

  • The upcoming trial will determine how much Trump will owe Carroll in damages, which will be in addition to the amount he was ordered to pay in the earlier trial.
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