A federal appeals court has rejected President Donald Trump’s request to rehear a jury verdict in favor of E. Jean Carroll.
The decision solidifies a judge’s earlier decision that upheld his liability for sexually abusing and defaming the advice columnist.
On Friday, the 2nd U.S. Circuit Court of Appeals in Manhattan declined to reconsider its Dec. 30 ruling, which affirmed that Trump was responsible for both the sexual assault and resulting defamation.
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Biden-appointed U.S. Circuit Judge Myrna Pérez said after the 8-2 verdict: “Simply re-litigating a case is not an appropriate use of the en banc procedure.
“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.”
The journalist alleged that the then-businessman sexually abused her in a Manhattan department store in the mid-90s. The $5 million award stems from a May 2023 civil verdict in which jurors found Trump had non-consensually touched Carroll and defamed her with his denials. She came forward with her story during Trump’s first term as president.
Trump’s legal team argued the court had wrongly allowed evidence—including the 2005 Access Hollywood tape and testimonies from other women—into the trial.
The two dissenting votes were from Trump-appointed 2nd Circuit judges, Steven Menashi and Michael Park. “The result was a jury verdict based on impermissible character evidence and few reliable facts. No one can have any confidence that the jury would have returned the same verdict if the normal rules of evidence had been applied,” Menashi wrote.
Three other available judges recused from voting without explaining their decision.
Trump’s team has also appealed a separate $83.3 million defamation judgment from Jan. 2024, and continues to argue that his social media denials are protected by presidential immunity. Trump has denied knowing Carroll and labeled her allegations as fabricated.
The defamation case goes to a three-judge 2nd Circuit panel later this month.
“E. Jean Carroll is very pleased with today’s decision,” Carroll and her attorney said in a joint statement.
“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,” they continued.
