Jury orders Donald Trump to pay $5 million after court setback in E. Jean Carroll case

A federal appeals court, the Second U.S. Circuit Court of Appeals, rejected on Friday, by an 8-2 vote, President Donald Trump's request to rehear his appeal of a verdict that found him responsible for sexually abusing columnist E. Jean Carroll, according to reports from The Hill.

The decision leaves the Supreme Court as the only remaining avenue for Trump to continue his defense.

Last year, a three-judge panel of the Second Circuit unanimously upheld a 2023 verdict by a New York jury, which found Trump responsible for sexually abusing Carroll in a Manhattan department store fitting room in the mid-1990s, as well as defaming her by publicly denying her allegations.The jury ordered Trump to pay $5 million in damages.

Trump, who denies assaulting Carroll, argued that his trial was flawed by the admission of inadmissible evidence, including the notorious "Access Hollywood" tape and testimony from other women who accused him of sexual assault.

He further argued that the jury should have been informed about the funding of Carroll's legal fees by a nonprofit backed by LinkedIn co-founder Reid Hoffman, a prominent Democratic donor.

According to Trump, this information would have supported his claim that the allegations were politically motivated. However, the trial judge dismissed this request.

In her decision Friday, Circuit Judge Myrna Perez, joined by three colleagues appointed by ex-President Joe Biden, wrote: “Simply re-litigating a case is not an appropriate use of the en banc procedure." ("En banc" refers to a procedure in which all of the court's judges hear a case, rather than the usual practice of a three-judge panel.)

Perez added that collective reconsideration is only warranted in cases of "exceptional importance" or when there is a conflict with appellate precedent, conditions she said were not met in this case.

Two Trump-appointed judges, Steven Menashi and Michael Park, issued a dissenting opinion, arguing that the trial was marked by “series of indefensible evidentiary rulings.”

Menashi wrote that the verdict was based on “impermissible character evidence and few reliable facts,” questioning whether the jury would have reached the same conclusion under standard evidentiary rules.

Of the 13 active judges on the Second Circuit, three recused themselves without providing reasons, leaving 10 to decide, with only Menashi and Park dissenting.

A spokesman for Trump's legal team stated: "The American People are supporting President Trump in historic numbers, and they demand an immediate end to the political weaponization of our justice system and a swift dismissal of all of the Witch Hunts, including the Democrat-funded Carroll Hoax, which will continue to be appealed.”

The statement added that Trump will continue to face what they describe as a “liberal Lawfare” as he focuses on his political agenda.

The case is one of two lawsuits brought by Carroll against Trump. In a second defamation suit, another jury ordered in 2024 that Trump pay $83.3 million for continuing to deny Carroll's allegations.

The appeal

The appeal of that case is scheduled for oral arguments on June 24th this year before a three-judge panel of the Second Circuit, which will also evaluate whether the Department of Justice (DOJ) can substitute Trump as a defendant, which could exempt him from paying damages.

With this decision, the case moves forward toward possible review by the Supreme Court.