Trump Lawyers Seek Stay of $83.3 Million Carroll Judgment for Supreme Court Immunity Review

President Donald Trump's lawyers have asked a federal appeals court to stay the $83.3 million judgment in E. Jean Carroll's defamation case. They want time to seek Supreme Court review on presidential immunity grounds.

The request, filed late Tuesday with the U.S. Court of Appeals for the Second Circuit, is unopposed by Carroll's team. They agree if Trump raises the bond by about $7.46 million to cover post-judgment interest on the original award.

"This Court should now stay the mandate to allow President Trump to present important questions relating to, without limitation, Presidential immunity and the Westfall Act to the Supreme Court," wrote Justin Smith, Trump's lawyer from the James Otis Law Group.

"Carroll does not oppose this motion."

The Second Circuit upheld the $83.3 million judgment earlier. Carroll sued Trump for defamation in November 2019 during his first term. The judgment came in May 2023 as Trump eyed another presidential run.

The Westfall Act shields federal employees from personal lawsuits over common law torts like defamation committed in their official duties. It redirects such suits to the United States government.

Trump's 24-page filing signals plans to petition the Supreme Court. His team argues a "reasonable probability" the justices will take the case and a "fair prospect" they will reverse the lower court.

They cite a dissent from three Second Circuit judges on denial of rehearing en banc. That dissent flagged what Trump's lawyers call legal errors on presidential immunity and the Westfall Act.

"Absent a stay, President Trump will suffer ongoing irreparable harm due to violation of his right to immunity from this defamation suit for his official statements as President of the United States of America," Smith wrote.

Trump could face enforcement of the $83.3 million before Supreme Court review, the filing warns.

"President Trump respectfully asks the Court to stay the mandate until the Supreme Court’s final disposition of the petition for a writ of certiorari,"

Trump's lawyers added there is a "fair prospect" the Supreme Court will reverse rulings that presidential immunity and the Westfall Act were waived. Allowing lower court action now would undermine recognized immunity and risk unrecoverable funds if reversed.