The presidential immunity defense of Trump is denied by federal appeals court in E. Jean Carroll case

Trump had argued that he could not be sued for his 2019 comments about the writer and her sexual assault allegations because he was president at the time and that his statements were related to his duties of discrediting her accusations. However, the court unanimously determined that Trump's delay of three years in raising the defense was not permissible. This decision denies Trump's presidential immunity defense in the E. Jean Carroll case. 

The ruling said that the defense of presidential immunity can be waived, and that the defendant, Trump, had indeed waived this defense. The panel of judges highlighted the timing of the lawsuit and Trump's delayed raising of the defense, saying that allowing it now would unfairly harm Carroll. Trump's attorney, Alina Habba, expressed dissatisfaction with the ruling and pledged to continue seeking justice. On the other hand, Carroll's lawyer, Roberta Kaplan, expressed satisfaction with the decision and the upcoming trial date of January 16. In summary, a federal appeals court rejected Trump's claim of presidential immunity in the E. Jean Carroll case. 

Carroll is facing a second trial against the former president, with the first one involving her accusation of rape and defamation by Trump during a 1990s encounter in a New York department store dressing room. The previous trial resulted in a verdict that found Trump guilty of sexual abuse and defamation, leading to a $5 million damages award to Carroll. The case referred to as Carroll II, which was filed prior to the January trial, had been held up in appeals due to the question of whether Trump's comments in 2019 were protected by the Westfall Act, which grants federal employees immunity for conduct performed in their official duties. 

U.S. District Judge Lewis Kaplan has determined that Trump is responsible for defaming Carroll based on the previous trial's verdict. Therefore, the upcoming January trial will solely focus on determining the amount of monetary damages Carroll should receive. In June, Kaplan rejected Trump's claim of immunity, stating that being a president does not grant immunity from liability for damages.

In the criminal case concerning election interference, Trump has also asserted presidential immunity as a defense against charges brought by special counsel Jack Smith. However, U.S. District Judge Tanya Chutkan recently ruled that Trump does not have immunity from these criminal charges. Trump has appealed this ruling to the federal appeals court in Washington, D.C., while Smith has requested the U.S. Supreme Court to make a decision on the matter.

Trump has pleaded not guilty in the election case. 

According to NBC News,