Donald Trump’s legal team asked an appeals court to dismiss a $5 million verdict holding him liable for sexually assaulting and defaming writer E. Jean Carroll, citing improper admission of evidence.
The case, originally decided in May 2023, included testimony from two other women and video footage from 2005, both of which Trump’s lawyer argued unfairly influenced the jury.
Reuters reported that the appeal, filed on September 6, 2024, challenges the inclusion of past conduct evidence and seeks to reverse the decision made by a lower court.
The lawsuit centers on an incident alleged to have occurred in the mid-1990s when Carroll claimed Trump assaulted her in a dressing room at Bergdorf Goodman in Manhattan.
After a trial, Carroll was awarded $2.02 million for sexual assault and $2.98 million for defamation, with the verdict largely based on the jury’s belief in Carroll’s account.
Trump's lawyer, John Sauer, argued that the trial judge’s decision to allow testimony from two women—Jessica Leeds and Natasha Stoynoff—who accused Trump of similar behavior was prejudicial.
These testimonies, according to Sauer, were inadmissible because they represented “propensity evidence,” suggesting a pattern of behavior rather than directly relating to the allegations at hand.
Further adding to the defense’s argument was the inclusion of a 2005 "Access Hollywood" video, in which Trump was recorded making controversial remarks about groping women. Sauer stated that this evidence, in conjunction with the other women’s testimonies, created a biased environment for the jury.
Carroll, now 80 years old, was present at the appeal hearing but did not address reporters. Her legal team, led by attorney Roberta Kaplan, defended the lower court's decision to include the testimonies and footage, stating that they were necessary to provide context to Carroll’s allegations.
"I was going through the evidence at trial. It was incredibly powerful,” Kaplan remarked during the proceedings.
Trump, who has denied ever knowing Carroll, dismissed the entire case as politically motivated. He has frequently described it as a “witch hunt” and reiterated this sentiment while speaking to reporters after the hearing, calling the lawsuit a form of "political interference."
The three-judge panel hearing the appeal, all of whom were appointed by Democratic presidents, seemed cautious about overturning the verdict. Circuit Judge Denny Chin noted the challenges involved in reversing a jury decision based solely on the admission of evidence, stating, “It’s very hard to overturn a jury verdict based on evidentiary rulings.”
Despite the tough legal road ahead, Trump's legal team remains focused on discrediting the decision. Sauer labeled the case as one built on “implausible allegations” that relied on “highly inflammatory” evidence.
The appeal comes at a time when Trump faces several legal battles on various fronts. In January 2024, he was ordered to pay Carroll an additional $83.3 million in damages in a separate defamation case, after he made disparaging remarks about her following her rape accusations in 2019. Trump is currently appealing that ruling as well.
As Trump contends with the Carroll lawsuits, he is also involved in a criminal case related to hush money payments made to adult film actress Stormy Daniels.
The judge in that case recently postponed sentencing from September 18 to November 26, a decision that was made to avoid any interference with the upcoming presidential election.
On September 6, Trump attended the appeal hearing in New York, where he appeared visibly displeased as Carroll’s legal team outlined their arguments.
At one point, Trump reportedly shook his head when Kaplan described him as "chatting up" women before later "pouncing" on them, referencing Carroll’s account of the alleged assault.
Trump’s denial of the allegations has remained consistent throughout the legal proceedings. He continues to assert that the claims made by Carroll and the other women who testified are false and politically motivated. Trump’s defense team has also characterized the case as an example of broader efforts to undermine his political career.
The judges hearing the appeal did not provide any indication of when they would issue a ruling. However, the complexity of the case and the numerous legal arguments presented suggest that a decision could take some time.
Meanwhile, Carroll remains resolute in her efforts to hold Trump accountable for his alleged actions. The outcome of the appeal will determine whether Trump will face further legal consequences or if the $5 million verdict will be overturned.
This appeal hearing marks yet another chapter in Trump’s ongoing legal battles, which continue to unfold as he campaigns for the presidency amid growing scrutiny from the courts.
