Overview

• A three-judge panel of the 2nd U.S. Circuit Court denied the Justice Department’s request to replace President Trump as defendant in E. Jean Carroll’s defamation suit.
• The Justice Department had argued that Trump’s denials of Carroll’s sexual assault allegations fell within his official presidential duties, invoking the Westfall Act.
• Carroll’s attorneys countered that the statements were personal actions and not covered by federal employee immunity.
• Oral arguments next week will determine whether the appeals court upholds, overturns or reduces the $83.3 million jury award, with a full written opinion to follow.
• Trump’s legal team says it will seek Supreme Court review if the 2nd Circuit affirms both the $83.3 million verdict and the earlier upheld $5 million award.