Trump Requests Stay on $5 Million Judgment
Former President Donald Trump is seeking to postpone the $5 million defamation and sexual abuse judgment awarded to writer E Jean Carroll, according to court documents filed on Thursday. Trump's legal team asked a federal judge in New York to stay the payment while he appeals the verdict, arguing that forcing payment now would be premature and potentially irreparable if the appeal succeeds.
Details of the Request
In a filing in the U.S. District Court for the Southern District of New York, Trump's lawyers requested that the court delay enforcement of the judgment until after the appeal process is complete. They argued that Trump is likely to succeed on appeal and that he would suffer irreparable harm if forced to pay before the appeal is resolved. The filing states that Trump has already posted a bond for the full amount, but a stay would prevent the payout from being executed.
Background of the Case
The $5 million verdict was handed down in May 2023, when a jury found Trump liable for defaming Carroll and for sexually abusing her in the 1990s. Carroll, a former Elle magazine columnist, accused Trump of raping her in a Bergdorf Goodman department store dressing room in the mid-1990s. Trump has denied the allegations and has repeatedly attacked Carroll publicly, leading to the defamation claim. The jury awarded Carroll $2 million for the sexual abuse and $2.7 million for the defamation.
Appeal Process
Trump's appeal is currently pending before the 2nd U.S. Circuit Court of Appeals. His legal team has argued that the trial was flawed, citing issues such as the inclusion of the Access Hollywood tape as evidence and the judge's instructions to the jury. They have also contended that Trump's statements about Carroll were not defamatory because they were opinions about a political opponent.
Impact on Carroll
Carroll's attorney, Roberta Kaplan, has opposed the delay, stating that Trump is simply trying to avoid accountability. In a statement, Kaplan said, "Donald Trump has been found liable by a jury of his peers for sexual abuse and defamation. He should not be allowed to delay justice any further." The court has not yet ruled on the request for a stay.
Legal Precedents
Courts typically grant stays pending appeal if the appellant can demonstrate a substantial likelihood of success on appeal and that irreparable harm would result without a stay. However, legal experts suggest that Trump faces an uphill battle, as the jury's verdict was based on substantial evidence.
Next Steps
Judge Lewis A. Kaplan, who presided over the trial, is expected to rule on the stay request in the coming weeks. If the stay is denied, Trump may seek an emergency stay from the 2nd Circuit. Meanwhile, Carroll has indicated she will pursue collection of the judgment if the stay is not granted.
