Trump Attends Arguments in Appeal of Judgment in E. Jean Carroll Case

The Case

Former President Donald Trump appeared in court on Tuesday to attend oral arguments in the appeal of a judgment against him in a defamation case brought by E. Jean Carroll, a writer who accused him of raping her in the 1990s. Trump has denied the allegations. Carroll filed a defamation lawsuit against Trump in 2019 after he denied her allegations and said she was "not my type." A federal judge ruled in October 2022 that Trump could not use the Westfall Act, which protects federal employees from being sued for actions taken within the scope of their employment, to dismiss the case.

The Arguments

During Tuesday's hearing, Trump's attorney, Alina Habba, argued that the Westfall Act should apply to Trump because he was acting within the scope of his employment as president when he made the statements about Carroll. She also argued that the statements were protected by the First Amendment. Carroll's attorney, Roberta Kaplan, argued that the Westfall Act does not apply because Trump's statements were not made in the course of his official duties as president. She also argued that Trump's statements were defamatory and caused Carroll significant harm.

The Decision

The three-judge panel of the U.S. Court of Appeals for the Second Circuit did not issue a ruling on Tuesday. The court is expected to issue a written decision in the coming weeks or months. If the court rules in favor of Trump, the case will be dismissed. If the court rules in favor of Carroll, the case will proceed to trial.