Court rules against Donald Trump in effort to retry E. Jean Carroll sex abuse case

UPI

2 days ago

The United States Court of Appeals for the Second Circuit Friday rejected President Donald Trump's attempt to get a retrial of the civil sexual abuse and defamation liability verdict against him in the case of E. Jean Carroll (pictured arriving on the red carpet at Lincoln Center in New York City in 2024). File Photo by John Angelillo/UPI | License Photo
June 13 (UPI) -- The United States Court of Appeals for the Second Circuit on Friday rejected President Donald Trump's attempt to get a retrial of the civil sexual abuse and defamation liability verdict against him in the E. Jean Carroll case.
The appeals court had already rejected an appeal of the verdict in December. The court voted 8-2 Friday to refuse Trump's effort to overturn the verdict and retry the case.
Lawyers for Carroll said in a statement, "E. Jean Carroll is very pleased with today's decision. Although President Trump continues to try every possible maneuver to challenge the findings of two separate juries, those efforts have failed. He remains liable for sexual assault and defamation."
Trump's lawyers then sought a retrial, petitioning to have the full appeals rule on it in what's known en banc.
The court's Friday ruling written by Judge Myrna Perez said of Trump's effort, "Simply re-litigating a case is not an appropriate use of the en banc procedure."
She added, "In those rare instances in which a case warrants our collective consideration, it is almost always because it involves a question of exceptional importance or a conflict between the panel's opinion and appellate precedent."
Perez said of Trump's earlier rejected appeal of the verdict, "Defendant-Appellant appealed a civil judgment against him for sexual assault and defamation, challenging several of the district court's evidentiary rulings. For the reasons discussed at length in its unanimous opinion, the panel, on which I sat, found no reversible abuse of discretion."
Trump denies sexually assaulting Carroll and defaming her.
A statement from a spokesperson for Trump's legal team said, "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."
Trump-appointed Circuit Judges Steven J. Menashi and Michael Park dissented.
"I would rehear the case en banc to "maintain uniformity of the court's decisions" and to resolve these important questions in line with longstanding principles," Menashi wrote.
Writer Carroll won a $83.3 million defamation judgement against Trump, as well as a civil verdict, that he sexually abused her.
The jury in that case found Trump liable for battery and defamation in Carroll's sexual abuse lawsuit. She alleged in that suit that Trump sexually abused her in a New York City department store.
The jury found that Trump, beyond a preponderance of evidence, sexually abused Carroll.