Trump suffers hammer blow in his appeal against $5 million E. Jean Carroll sex abuse case
Donald Trump has suffered a legal setback as a federal appeals court upheld a New York jury's decision finding him liable in the E. Jean Carroll sex abuse and defamation case.
In May, the civil jury found Trump liable for sexually abusing Carroll in a dressing room at Bergdorf Goodman, a luxury Manhattan department store, in 1996.
The panel of six men and three women also found that Trump defamed Carroll when he called her a liar, and ordered him to pay a total of $5 million in damages.
In its opinion on Monday the appeals court said Trump 'has not demonstrated that the district court erred in any of the challenged rulings.'
The appeals court said evidence, including Trump bragging about his sexual prowess on an 'Access Hollywood' video that surfaced during the 2016 U.S. presidential campaign, established a 'repeated, idiosyncratic pattern of conduct' consistent with Carroll's allegations.
It went on: 'Taking the record as a whole and considering the strength of Ms. Carroll's case, we are not persuaded that any claimed error, or combination of errors, in the district court's evidentiary rulings affected Mr. Trump's substantial rights.'
The decision is a blow for Trump, who has called the case the 'greatest witch hunt of all time' and slammed the original finding by the jury as a 'disgrace.'
Roberta (Robbie) Kaplan, attorney for E. Jean Carroll, told DailyMail.com they are 'gratified by today’s decision.
'\We thank the Second Circuit for its careful consideration of the parties’ arguments.'
In a separate civil case the president-elect is also appealing, he was ordered to pay Carroll a colossal $83.3 million for defamation after he publicly denied sexually abusing her.
The latest appeals court ruling comes as Trump's other legal cases have unraveled since his reelection in November.
His long legal saga of the past few years might not be entirely wrapped up by the time he raises his hand to take the oath of office on January 20th, but each case will be well on its way to being resolved.
'The American People have re-elected President Trump with an overwhelming mandate, 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 spokesperson Steven Cheung said in a statement.
Donald Trump appeared in court in New York on Friday as his lawyers fought to overturn the verdict that found him liable for sexually abusing and defaming E. Jean Carroll
Natasha Stoynoff (centre) walks into Manhattan Federal Court, Manhattan, New York
Jessica Leeds (centre) leaves Manhattan Federal Court, Manhattan, New York
In September, Trump appeared at the federal appeals court in New York as his lawyers fought to overturn the Carroll decision.
The former president's motorcade was seen pulling up to the 2nd US Circuit Court of Appeals in Manhattan where attorneys presented oral arguments before a panel of three judges – all of whom were appointed to the bench by Democratic presidents.
Dressed in his trademark navy suit and red tie, Trump entered the courtroom and walked straight past Carroll, who was sitting in the front row of the public gallery.
It marked Trump's first time in court since the assassination attempt on him in July, and security was tight, with attendees required to go through metal detectors upon arrival.
All phones and other electronics were banned from the courtroom.
Trump's attorneys claimed the civil court had erred by allowing the jury to consider certain evidence.
That included the infamous Access Hollywood tape, in which Trump can be heard boasting about grabbing women's genitals, as well as testimony from two other women who had accused him of sexual misconduct decades ago.
Trump's attorney John Sauer called the case 'a textbook example of implausible allegations being propped up by highly inflammatory, inadmissible' evidence.
He also reiterated Trump's position that he had never 'even met' Carroll.
Addressing the panel, Sauer called the lawsuit a 'quintessential 'he said, she said' case' that was lacking in physical evidence, eyewitnesses, and police records.
Circuit Judge Denny Chin interrupted Sauer's argument, noting it's 'very hard to overturn a jury verdict based on evidentiary rulings' and asked him why the verdict should be thrown out.
Sauer questioned US District Judge Lewis Kaplan's decision to allow the Access Hollywood tape and testimony from Jessica Leeds, who accused Trump of groping her on a plane in the late 1970s, to be heard as evidence.
Another accuser, Natasha Stoynoff, cried as she told the court in 2023 about how Trump allegedly pushed her up against a wall and kissed her at Mar-a-Lago in 2005 when she was writing a story to celebrate his first wedding anniversary to Melania.
Stoynoff told the court that after a butler walked in they went back to the photo shoot where Trump promised to take her for a steak meal and give her the 'best sex you'll ever have.'
In September, Trump appeared at the federal appeals court in New York as his lawyers fought to overturn the verdict
In his two-minute rebuttal, Trump's attorney John Sauer called the case 'a textbook example of implausible allegations' and a 'quintessential 'he said, she said' case'
Carroll, who claimed she was sexually assaulted by Trump at a department store dressing room in the 1990s, was also present at the hearing on Friday
The former president's motorcade was seen pulling up to the 2nd US Circuit Court of Appeals in Manhattan on Friday morning
Protesters holding up placards reading 'guilty', 'rapist' and 'felon', gathered outside the Manhattan federal appeals court on Friday ahead of the hearing
Responding to Sauer's arguments before the appeals panel, Carroll's attorney Roberta Kaplan stood by the evidence presented at the civil trial.
She insisted that Leeds's testimony was admissible under a law that was in effect in 1979, and therefore the incident would have been considered a crime.
The lawyer also argued that Trump had a 'pattern' of attacking women that begins with 'pleasantly chatting' them up before suddenly 'pouncing' on them and subsequently trashing the women when he is accused.
She added that Trump had refused to testify or even attend the trial despite being given the opportunity.
Trump's attorney presented oral arguments before a three-judge panel consisting of circuit judges Denny Chin, Susan Carney, and Myrna Perez – all of whom were appointed to the bench by Democratic presidents
Carroll departed court flanked by her attorney Roberta Kaplan, who said she stood by the evidence presented at the trial
The writer, who was wore dark blazer and suit with a navy blue hair ribbon, did not talk with reporters after arguments ended
Following the original civil trial in May jurors awarded Carroll. a former Elle magazine advice columnist, $2.02million and $2.98million for her sexual abuse and defamation claims respectively.
Trump was separately found liable for defaming Carroll in another trial that took place in January.
A different jury in that civil trial ordered him to pay Carroll $83.3million for having defamed her and damaging her reputation.
Trump has said he did not know Carroll, that she was 'not my type,' and that she made up her story to promote her memoir.
In their appeal Trump's lawyers claimed he could not get a fair trial in New York.
The former president claimed that Judge Lewis Kaplan 'erred' in rulings during the May 2023 trial that 'violated President Trump's rights'.
The filing stated: 'The improper verdict in this case is a gross miscarriage of justice, backed by political operatives long opposed to President Trump and his politics, based on false and unsupported claims'
In other legal filings, Trump's lawyers claimed the attack on Carroll 'never occurred'.
He accused her of making up the claims because of her 'significant political bias against him' and 'turned her allegations against (Trump) into a lifestyle and sought to monetize her allegations as much as possible'.
Rather than being harmed by the claims, Carroll's standing has improved due to her media interviews, Trump's lawyers claimed.
Trump spoke to the media during a press conference at Trump Tower after the court hearing
Trump took the stand during the second civil trial where E. Jean Carroll accused Trump of raping her decades ago, at Manhattan Federal Court in January
Carroll's civil cases are separate from multiple criminal cases against the former US president.
He was found guilty in state court in New York for falsifying business records relating to a $130,000 hush money payment to porn star Stormy Daniels.
Trump was found guilty on all 34 counts earlier this year after a blockbuster trial. He denied all the allegations.
