New York, NY β A Manhattan federal court judge on Wednesday ordered the release of the more than $5 million Donald Trump owes E. Jean Carroll following her successful 2023 sexual abuse and defamation trial against him, as Carroll's attorney declared "it is time for this case to end."
Less than an hour after the judge issued his order, Trump filed paperwork indicating he was appealing the decision. Trump had deposited this $5 million jury award, as well as 11% interest, into a court-held account some six weeks after Carroll's courtroom victory. Judge Lewis Kaplan's order directs the disbursement of these court-controlled funds, which now total some $5.8 million due to interest accrual.
"The Clerk is respectfully directed to disburse β¦ the value of the principle Judgment, which amounts to $5,000,000.00," Kaplan's order stated. "The Clerk is further respectfully directed to disburse β¦ the value of the post-judgment interest."
Key developments:
- Judge orders release of $5.8 million Trump owes E. Jean Carroll
- Trump immediately files appeal after judge's order
- Supreme Court refused to review Trump's appeal on 29 June
- Carroll's attorney: "After four years of litigation ... it is time for this case to end"
- Trump argues he would suffer "unrecoverable loss" if funds are released
- Legal experts say Carroll will soon receive the money
- Trump also owes $83.3 million from separate 2024 defamation trial
- Case stems from 2019 allegations of sexual assault in a department store
- New York's Adult Survivors Act allowed Carroll to sue
'Time for This Case to End'
Kaplan's decision comes more than three years after Carroll bested Trump in her bombshell civil case; jurors determined that he sexually abused the former Elle writer and unlawfully impugned her reputation with false, vitriolic denials. Trump denied all wrongdoing.
The order followed the US Supreme Court's 29 June decision not to review Trump's appeal. Trump wanted the Supreme Court to weigh his appeal after lower courts repeatedly snubbed his fight against this verdict.
Carroll's legal team, helmed by the high-profile attorney Roberta Kaplan, pushed for the swift release of these funds after last month's Supreme Court decision. Roberta Kaplan argued in a 30 June court filing that enough was enough.
"This time around, he remarkably seeks to further delay Carroll's collection of the judgment awarded to her in 2023 by stating that he is considering whether to move for reconsideration of the supreme court's denial of his petition," Kaplan said. "But this is the end of the line.
"After four years of litigation across every level of the federal court system, it is time for this case to end," she also said. "And under the court's stipulation and order, Carroll is now entitled to obtain payment of the money due under the judgment."
Trump's Last-Ditch Efforts
Trump's team on 7 July made a detailed argument against releasing the funds. They said Trump had asked the Supreme Court to rehear his request for review of the case. Trump's lawyers argue that Carroll's team misinterpreted their agreement about releasing court-held funds.
"Plaintiff's position contradicts the plain text and purpose of a security arrangement designed to preserve the status quo during appellate review," they said.
If Carroll received the money, and the Supreme Court wound up taking on the case and ruling in his favor after disbursement, Trump would suffer an "unrecoverable loss," he alleges. Carroll "has repeatedly stated that she intends to give away all funds that she collects from him, and once those funds are distributed to third parties, they likely cannot be recovered."
Legal Experts: Carroll Will Get the Money
Legal experts told the Guardian that Kaplan's order all but guarantees that Carroll will soon receive the money. And they said it was unlikely the second circuit court of appeals would rule in Trump's favor.
"I think that would be a really tough argument," Bryan Sullivan, a partner with Early Sullivan Wright Gizer & McRae, said earlier this week of efforts to secure a second circuit stay. "I think Roberta Kaplan said it best: he's at the end of the line here."
Trump could request a stay from the US Supreme Court, but legal veterans told the Guardian that would be unlikely to succeed. They also said the Supreme Court almost never greenlights petitions for rehearing, making this last-ditch effort all the more ephemeral.
"That's really the only mechanism that's left," said Neama Rahmani, founder of West Coast Trial Lawyers and a former federal prosecutor. Rahmani said the chance of reconsideration was all but nil, and that he "can't even recall an instance where that relief has been granted."
Alphonse Provinziano, the managing partner of Provinziano & Associates law firm in Beverly Hills, concluded "it seems like she [Carroll] will get the money eventually."
"Think of the money as sitting in a lockbox at the courthouse. Trump put roughly $5.5 million into a court-controlled account back in 2023 so he could appeal without paying Carroll first. That is standard practice under federal rules," he said in a statement before Kaplan's decision.
"The deal was simple: if he wins on appeal, he gets it back. If he loses, she gets paid. He lost, and now she gets it with interest," Provinziano said. "While there may be stalls, this is purely procedural."
The Case: Sexual Assault and Defamation
Both sums involve a 2019 New York magazine cover story excerpting Carroll's book, "What Do We Need Men For? A Modest Proposal." Carroll alleged in the book that Trump sexually assaulted her three decades prior in the dressing room of a New York department store.
Trump responded with several statements denying Carroll's claim, insisting that he did not know who she was, and stating he had never met her. Carroll sued Trump in November 2019 over these statements, saying they damaged her reputation.
"Trump's false and insulting statements about Carroll were defamation per se," the suit said. "They tended to (and did) damage Carroll in her trade, occupation, and/or business, and they were defamatory on their face without reference to any extrinsic information."
At the time Carroll filed this suit in 2019, the statute of limitations barred her from suing for alleged sexual assault, so this litigation only involved defamation. But New York state greenlit the Adult Survivors Act, which created a brief one-year window for adult victims of sexual violence to sue for abuses that had expired under the statute of limitations, allowing Carroll to sue over Trump's alleged attack.
Carroll in 2022 did file suit against Trump for the alleged attack and additional defamation after he had left office. The first trial involved Carroll's second lawsuit because the initial litigation was mired in appeals, with Trump trying to argue he couldn't be sued for statements made during his presidency.
What's Next
Trump could request a stay from the US Supreme Court, but legal veterans told the Guardian that would be unlikely to succeed. They also said the Supreme Court almost never greenlights petitions for rehearing, making this last-ditch effort all the more ephemeral.
As Roberta Kaplan put it: "After four years of litigation across every level of the federal court system, it is time for this case to end."
βοΈ The Big Picture
The judge's order to release $5.8 million to E. Jean Carroll marks the latest chapter in a legal saga that has spanned more than four years and reached the highest levels of the federal court system. Donald Trump's efforts to delay payment have been rejected at every turn β from district court to the Supreme Court β and now a federal judge has declared that "it is time for this case to end." Trump's immediate appeal and claims of "unrecoverable loss" are unlikely to succeed, legal experts say. The case, which stems from allegations of sexual assault in a New York department store dressing room, has become a symbol of accountability for powerful figures. For Carroll, the long wait for justice may finally be over.
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