The 2nd U.S. Circuit Court of Appeals dismissed Trump's appeal this week, marking the second time in seven months that an appellate panel has blocked his efforts to reverse the defamation judgment. The ruling came after Trump attempted to replace himself as a defendant with the federal government, an argument the court rejected as procedurally improper.
Judge Denny Chin wrote in a 34-page decision that Trump's attempt to substitute the United States for himself came too late in the litigation. "The fact of the matter is that no other defendant would be permitted to move to substitute the United States in his place, fifteen months after trial and the entry of judgment against him," Chin stated. The court declined to reconsider the matter through an expanded panel review.
Carroll has filed two separate lawsuits against Trump, both alleging defamation related to her claims of sexual abuse. In the first case, a jury determined that Trump defamed Carroll by denying her accusation that he sexually abused her in a department store dressing room in the 1990s. Carroll secured a $5 million judgment in 2023. She filed the second lawsuit in 2022 under New York's Adult Survivors Act, bringing additional claims of sexual abuse and defamation. That verdict resulted in a judgment exceeding $83 million.
Trump has consistently denied all allegations, stating he did not know Carroll and had never met or touched her. He has claimed the timing of her accusations was suspicious and connected to promotion of her book. Trump has also disputed evidence presented during the trials, arguing that Carroll changed her account regarding a dress that could corroborate her claims.
The Supreme Court is currently reviewing Trump's petition to examine the $5 million verdict. The appellate court's dismissal of his rehearing request in the second case now opens the door for Trump to petition the high court to consider the $83 million judgment as well. Trump has appealed both verdicts.
