Trump asks Supreme Court to throw out E. Jean Carroll’s $5 million verdict

NEW YORK (AP) — President Donald Trump asked the U.S. Supreme Court on Monday to throw out a jury’s finding in a civil lawsuit that he sexually abused writer E. Jean Carroll at a Manhattan department store in the mid-1990s and later defamed her.

Trump’s lawyers argued in a lengthy filing with the high court that allegations leading to the $5 million verdict were “propped up” by a “series of indefensible evidentiary rulings” that allowed Carroll’s lawyers to present “highly inflammatory propensity evidence” against him.

Carroll, a longtime advice columnist and former TV talk show host, testified at a 2023 trial that Trump turned a friendly encounter in spring 1996 into a violent attack in the dressing room at Bergdorf Goodman, a luxury retailer across the street from Trump Tower.

The jury also found Trump liable for defaming Carroll when he made comments in October 2022 denying her allegation.

Trump’s lawyers, led by St. Louis, Missouri-based attorney Justin D. Smith, called Carroll’s claims a “politically motivated hoax.”

They accused the trial judge, Lewis A. Kaplan, of warping federal evidence rules to bolster Carroll’s “implausible, unsubstantiated assertions.” They said that by upholding the verdict, the 2nd U.S. Circuit Court of Appeals was in conflict with other federal appeals courts on how such rules should be applied.

“President Trump has clearly and consistently denied that this supposed incident ever occurred,” Smith and his co-counsel wrote. “No physical or DNA evidence corroborates Carroll’s story. There were no eyewitnesses, no video evidence, and no police report or investigation.”

A message seeking comment was left with Carroll’s lawyer, Roberta Kaplan.

In September, when Trump’s lawyers first indicated they would appeal to the Supreme Court, she said, “We do not believe that President Trump will be able to present any legal issues in the Carroll cases that merit review by the United States Supreme Court.”

A spokesperson for Trump’s legal team said in a statement the Supreme Court appeal was part of the president’s crusade against “Liberal Lawfare.”

“The American People stand with President Trump as they demand an immediate end to all of the Witch Hunts, including the Democrat-funded travesty of the Carroll Hoaxes,” the statement said.

A three-judge appellate panel upheld the verdict in December 2024, rejecting Trump’s claims that trial Judge Kaplan’s decisions spoiled the trial, including by allowing two other Trump sexual abuse accusers to testify. The women said Trump committed similar acts against them in the 1970s and in 2005. Trump denied all three women’s allegations.

In June, 2nd Circuit judges denied Trump’s petition for the full appellate court to take up the case. That left Trump with two options: accept the result and allow Carroll to collect the judgment, which he’d previously paid into escrow, or fight on in Supreme Court, whose conservative majority — including three of his own appointees — could be more open to considering his challenge.

Trump skipped the 2023 trial but testified briefly at a follow-up defamation trial last year that ended with a jury ordering him to pay Carroll an additional $83.3 million. The second trial resulted from comments then-President Trump made in 2019 after Carroll first made the accusations publicly in a memoir.

Judge Kaplan presided over both trials and instructed the second jury to accept the first jury’s finding that Trump had sexually abused Carroll. Judge Kaplan and Carroll’s lawyer, Roberta Kaplan, are not related.

In their Supreme Court filing, Trump’s lawyers said Kaplan compounded his “significant evidentiary errors” at first trial by “improperly preventing” Trump from contesting the first jury’s finding that he had sexually abused Carroll, leading to an “unjust judgment of $83.3 million.”

The 2nd Circuit upheld that verdict on Sept. 8, with a three-judge panel calling the jury’s damages awards “fair and reasonable.” Trump has since asked the full appellate court to hear arguments and reconsider the ruling.

Trump has had recent success fending off costly civil judgments. In August, a New York appeals court threw out Trump’s staggering penalty in a state civil fraud lawsuit.

The Associated Press does not identify people who say they have been sexually assaulted unless they come forward publicly, as Carroll has done.