Trump and DOJ Petition Supreme Court to Overturn $83.3 Million E. Jean Carroll Defamation Verdict

The common misconception is that the massive financial judgments against Donald Trump in the E. Jean Carroll defamation saga are already settled law. In reality, while a smaller $5 million judgment was recently finalized, the much larger $83.3 million penalty remains in active dispute. Both Trump's legal team and the Department of Justice have now petitioned the Supreme Court to intervene, seeking to wipe out the verdict entirely by testing the outer limits of presidential immunity.[1]

In late July 2026, Trump's attorneys and federal prosecutors filed separate requests asking the justices to overturn the $83.3 million award, which stems from statements Trump made in 2019 denying Carroll's allegations of a mid-1990s sexual assault. Because those specific comments were made while Trump was serving his first term in the White House, his legal team argues that the Supreme Court's landmark 2024 decision granting presidents broad immunity for official acts must shield him from civil liability in this case.[1]

Trump's lawyers assert that allowing the verdict to stand would cause "significant damage" to the presidency by opening the door to endless litigation over public statements. They argue that responding to public allegations falls within the scope of a president's official duties, and note in their filings that this is the first time in U.S. history a court has imposed damages liability on a president for conduct while in office.[1]

The Justice Department is taking a different but parallel track, seeking to invoke the Westfall Act. This federal law shields government employees from personal liability for actions taken within the scope of their employment. The DOJ argues that because Trump was acting within his federal office when he made the 2019 statements, the United States government should be substituted as the defendant in the case.[1][5]

If the Supreme Court allows the government to swap in as the defendant, the case would effectively collapse. The federal government enjoys sovereign immunity against defamation claims, meaning Carroll's $83.3 million award would be wiped out entirely, leaving her with no avenue to collect the damages awarded by the Manhattan jury.[5]

The U.S. Court of Appeals for the Second Circuit previously rejected these arguments, unanimously upholding the verdict and denying a request for an en banc rehearing in April 2026. The appellate court found that Trump's statements were personal attacks rather than official presidential duties, and that the DOJ's attempt to substitute the government was filed too late in the litigation process.[5]

The stakes are heightened by the timeline of Carroll's other lawsuit. Just weeks after the July petitions, the Supreme Court in mid-August finalized a separate $5 million judgment against Trump for sexual abuse and defamation. That verdict stemmed from statements Trump made in 2022, after he had left office, meaning presidential immunity did not apply. The funds from that judgment, totaling approximately $5.8 million with interest, have already been disbursed to Carroll.[2][3][4]

The Supreme Court is currently on summer recess and is not expected to consider whether to take up the $83.3 million appeal until its "long conference" in late September. The justices' decision on whether to hear the case will serve as a major test of how broadly they intend to apply the immunity doctrine they established just two years prior.[1]