Unexplained Filing Delay in Trump’s Defamation Case Raises Questions

On Jan 26, a Manhattan jury ordered Trump to pay writer and journalist E. Jean Carroll $83.3 million for defaming her. Trump vowed to appeal, but hasn’t taken any steps to do so — because the court judgment still hasn’t been filed.

No news

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The filing of the judgment “is what triggers not only the deadline for posting a bond,” legal analyst Lisa Rubin explained on X on Wednesday, “but also kicks off deadlines for post-trial motions.”

Mysterious situation

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“Here’s what’s really odd,” legal analyst Lisa Rubin continued. “Under the Federal Rules of Civil Procedure, the court and/or the clerk of court are required to enter judgment promptly after a verdict.”

Raising questions

“So why is the clock for Trump’s bond and post-trial motions, including Alina Habba’s promised motion for a new trial, not yet ticking?” Rubin wondered. “I don’t know — but I’d really like to find out.”

Not following precedent

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After Trump’s first case against Carroll reached a jury verdict on May 9, 2023, Judge Lewis Kaplan entered the judgment just two days later. The fact he is taking so long this time, Rubin noted, is strange.

Promises made

Trump has publicly said he will appeal not only the $83.3 million ruling but also the May 2023 judgment that found him liable for “sexually assaulting” and defaming Carroll. He was ordered to pay her a $5 million penalty for those instances of defamation, which were separate from the comments resulting in the $83.3 million judgment.

Next steps

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In order to appeal, Trump would have to pay at least part of the $83.3 million penalty in a bond. However, doing so would be worthwhile only when the judgment is entered.

All in order

Trump could file a notice of appeal before the judgment is filed, “but there’s zero advantage to doing it that way,” Rubin explained. “Rules treat a pre-judgment appeal as if it is filed on the date judgment is entered.”

Debating the issue

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“Is it for the purpose of writing a careful and precise judgment that withstands appeal?” One user on X responded. “I’m thinking [Kaplan is] going to place some sanctions and send Habba for a bar review,” another user wrote. “He might need a few days to list all the reasons why she should lose her license.”

Joking around

“It will be a big bond,” one user commented, mimicking Trump’s distinct pattern of speech. “A bond like nobody has seen before.” “Tucker not back yet with the funds,” another user joked.

Lack of funds

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In a recent deposition, Trump testified that he had roughly $400,000 cash on hand. According to New York Times investigative reporter Susanne Craig, who has spent years tracking Trump’s often convoluted financial empire, the former president does have the ability to pay Carroll.

Piling on straws

However, Trump could soon be facing an additional $370 million dollar fine from his civil fraud trial in New York, which is nearing judgment. Craig predicted that Trump might not be able to handle that and the amount he owes Carroll, at least not without selling off some of his properties.