The U.S. Department of Justice (DOJ) has filed a brief with the Supreme Court, supporting President Donald Trump’s appeal to overturn an $83 million defamation verdict awarded to writer E. Jean Carroll. The DOJ argues that Trump’s statements, which led to the defamation claim, were made within the scope of his official duties as president and are therefore protected under the Westfall Act, which shields federal employees from personal liability for actions taken in the course of their employment.
In its filing, the DOJ stated, “Absent this Court’s intervention, the sitting President is facing nearly a hundred million dollars of personal liability for conduct that was well within the scope of his federal office.” This position aligns with Trump’s legal team’s argument that he is entitled to absolute immunity for comments made while in office, particularly those addressing allegations against his character and fitness for the presidency.
The case originates from Carroll’s 2019 accusation that Trump sexually assaulted her in a Manhattan department store in the 1990s. Trump publicly denied the allegations, stating he did not know Carroll and that she was “not my type.” Carroll subsequently filed a defamation lawsuit, leading to a jury awarding her $83 million in damages in January 2024. The verdict included $18.3 million for compensatory damages and $65 million in punitive damages.
Trump’s legal team has consistently sought to overturn the verdict, invoking presidential immunity. In September 2025, the 2nd U.S. Circuit Court of Appeals upheld the jury’s decision, rejecting Trump’s immunity claim and affirming the damages awarded to Carroll. The court noted that Trump’s attacks on Carroll were “extraordinary and egregious,” contributing to the substantial punitive damages.
Following the appellate court’s decision, Trump’s attorneys petitioned the Supreme Court to review the case. The DOJ’s recent brief supports this petition, emphasizing the potential implications for presidential immunity and the conduct of future officeholders. The Supreme Court’s decision on whether to hear the case remains pending.
In the interim, the 2nd Circuit has granted a stay on the payment of the $83 million award, contingent upon Trump posting a $7.4 million bond to cover potential interest costs. This stay will remain in effect until the Supreme Court decides on the appeal.
The outcome of this case could have significant ramifications for the scope of presidential immunity and the accountability of sitting presidents for statements made while in office. Legal experts are closely monitoring the proceedings, as the Supreme Court’s decision may set a precedent for future cases involving the intersection of official duties and personal liability.
For further insights into the appellate court’s decision, you can watch the following video: