On Jan 3, the federal appeals court in New York denied former President Donald Trump’s request that his civil immunity claim be re-heard. Trump had earlier failed to convince a three-judge panel that he should be immune from the charge of defaming former journalist E. Jean Carroll.
Seeking immunity
In May, nine jurors took just three hours to unanimously agree that Trump had “sexually abused” writer E. Jean Carroll in the mid-1990s and then defamed her by denying her claims. Carroll was awarded $5 million in total damages.
Immunity argument
Because Trump was president when he claimed Carroll had invented her claim, he argued that he should be immune from the suit. However, in 2022 Judge Kaplan ruled he did not, and in mid-December 2023 a three-judge panel ruled that Trump “had waived his potential defense of presidential immunity by failing to raise that claim for several years after Carroll sued him,” per CNBC.
Another redo
Trump’s team then requested that every judge on the Second Circuit reconsider the ruling of the three-judge panel, in what is known as an en banc proceeding. However, on Wednesday the Second Circuit denied this request.
The denial
The circuit offered no explanation for the denial, simply writing that “IT IS HEREBY ORDERED that the application is DENIED.” This is standard procedure.
Potential escalation
“This could be moving [to] SCOTUS imminently,” predicted POLITCO’s Kyle Cheney. However, there is no guarantee that the Supreme Court will take up the case.
People weigh in
“Isn’t the Supreme Court sick of Trvmp by this point?” One user on X, formerly Twitter, wrote. “Trump thinks of SCOTUS as his own personal lawyers,” another commented. “The people’s work can’t get done by the court cause they are forever serving Trump’s whining.”
Asking questions
“How many immunity appeals does he have to lose,” another user wondered, “before all judiciary say “OK. That’s enough. This has been gone over enough. You DO NOT have immunity.”
Repeated demands
“So because trump was a Prez at one point means EVERY DAMN CIVIL OR CRIMINAL CASE HE HAS MUST BE TAKEN TO THE SCOTUS TO SEE IF THEY WILL INTERVENE TO SAVE HIM?” One user wrote. “Does every Defendant get this sort of legal consideration? No, not even close. Plus, he hasn’t been successful yet.”
Unfair system
“He’s totally abusing and debasing the justice system,” one user commented. “Not just appealing to the highest courts in the land on the outcome of trials, but literally every motion he files within that trial. It’s outrageous – there are innocent people in prison waiting years for judgements.”
Suspicious acts
“He’s doing it to extend proceedings until after the election he assumes he will win,” another responded. “It’s all about delaying things.”
Multiple claims
Trump’s claim for immunity in a suit brought against him by officers and Democratic lawmakers who were endangered or injured in the Jan 6 riot was similarly denied in December.
Carroll’s case
“Today, the world finally knows the truth,” Carroll said in May, after winning her case against Trump. “This victory is not just for me but for every woman who has suffered because she was not believed.”
Another round
Carroll is still pursuing a second defamation case against Trump, this one for $10 million.
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