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Trump Loses Appeal of Carroll’s $5 Million Award in Sex-Abuse Case

The president-elect had asked a court to overturn the defamation judgment against him in the case, which centered on E. Jean Carroll’s account of a sexual attack in a dressing room.

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Roberta Kaplan, with a serious expression, stands next to E. Jean Carroll, who is smiling.
A federal appeals panel rejected a move by President-elect Donald J. Trump to overturn a $5 million judgment won by E. Jean Carroll, right.Credit...Dave Sanders for The New York Times

President-elect Donald J. Trump on Monday failed to overturn a $5 million judgment that he sexually abused the writer E. Jean Carroll in a Bergdorf Goodman dressing room in the mid-1990s and later defamed her.

Mr. Trump’s lawyers argued to a federal appeals panel that a lower court in Manhattan had erred by allowing two women to testify in the Carroll trial that he had also sexually assaulted them. The lawyers also argued that the court should not have allowed Ms. Carroll’s lawyers to play the recording of the “Access Hollywood” conversation in which Mr. Trump bragged in vulgar terms about grabbing women by the genitals.

The appeals court rejected Mr. Trump’s request for a new trial in the case, which produced the smaller of two defamation judgments against him. “Mr. Trump has not demonstrated that the district court erred in any of the challenged rulings,” the opinion by the U.S. Court of Appeals for the Second Circuit said. It was unsigned but issued by a three-judge panel made up of Denny Chin and Susan Carney — appointed by President Barack Obama — as well as Myrna Pérez, appointed by President Biden.

“Both E. Jean Carroll and I are gratified by today’s decision,” Roberta Kaplan, Ms. Carroll’s lawyer, said in a statement. “We thank the Second Circuit for its careful consideration of the parties’ arguments.”

Steven Cheung, Mr. Trump’s chief campaign spokesman, who is set to be his White House communications director, said Mr. Trump was re-elected with an “overwhelming mandate,” and he said the American people “demand an immediate end to the political weaponization of our justice system and a swift dismissal of all of the witch hunts, including the Democrat-funded Carroll hoax, which will continue to be appealed.”

Mr. Trump was represented in the appeal by D. John Sauer, his pick for U.S. solicitor general.

The ruling came as Mr. Trump prepares to take the presidency next month amid unceasing legal entanglements. This month, he accused a juror of misconduct that he said should void a 34-count felony conviction in Manhattan. He also sued The Des Moines Register for running a poll that showed him trailing Vice President Kamala Harris. ABC News this month settled a defamation lawsuit brought by Mr. Trump, agreeing to pay $15 million.


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