Trump immunity in E. Jean Carroll case denied by appeals panel, setting up Supreme Court battle
A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit ruled against Trump, finding that presidential immunity could be waived as a defense and that Trump had in fact waived it.
The panel went on to reject the former president’s various arguments for why he should be able to assert the defense now.
“[R]ecognizing presidential immunity as waivable reinforces, not undermines, the separation of powers and the President’s decision making authority by affording the President an opportunity to litigate if he so chooses. Accordingly, we hold that presidential immunity is waivable,” Judge José Cabranes wrote in the 35-page decision.
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Trump’s immunity appeal was his most significant remaining effort seeking to avoid trial. The 2nd Circuit’s ruling affirms a decision issued by U.S. District Judge Lewis Kaplan, who will oversee the trial.
“We are pleased that the Second Circuit affirmed Judge Kaplan’s rulings and that we can now move forward with trial next month on January 16,” Roberta Kaplan, Carroll’s lawyer, who is not related to the judge, said in a statement.
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#BREAKING: Former President Trump immunity in E. Jean Carroll case denied by appeals panel, setting up Supreme Court battle https://t.co/cOZwqBNcoY pic.twitter.com/0cW38zRvqi
— The Hill (@thehill) December 13, 2023
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