A federal appeals court has denied former President Donald Trump’s attempt to have the U.S. Department of Justice (DOJ) represent him in his ongoing appeal of the million defamation verdict awarded to writer E. Jean Carroll. This decision ensures that Trump, not the federal government or American taxpayers, remains personally liable for the judgment and must continue his legal fight without the resources or legal shield of the DOJ12.
Background of the Case
E. Jean Carroll, a former magazine columnist, accused Trump of sexually assaulting her in a department store dressing room in the mid-1990s. Trump, while serving as president, publicly denied the allegations in 2019. Carroll then sued for defamation, and a New York jury found in her favor, awarding her $83.3 million in damages. Trump has denied all allegations and is appealing the verdict312.
Trump’s Attempt to Substitute the DOJ
Trump and the DOJ argued that his statements denying Carroll’s accusations were made as part of his official presidential duties. Under the Westfall Act—a law that allows the government to substitute itself as a defendant when federal employees are sued for actions within the scope of their employment—Trump’s legal team sought to have the DOJ take over the defense. This would have shifted financial liability from Trump to the federal government3412.
The DOJ supported this position, noting that the Attorney General had certified Trump was acting within the scope of his office when making the statements at the center of the case. They contended that, legally, the United States should be substituted as the defendant unless a court ruled otherwise31.
Appeals Court Denial
On Wednesday, a three-judge panel from the 2nd U.S. Circuit Court of Appeals rejected the request, stating in a brief order that a full opinion explaining their reasoning would follow412. The court’s decision means Trump cannot use the DOJ to defend him in this appeal, nor can he transfer the financial burden to the government12.
The panel’s decision cited the Westfall Act but did not provide detailed reasoning in its initial order. Oral arguments in Trump’s appeal are scheduled to proceed as planned on June 24315.
Implications and Next Steps
This ruling is a significant setback for Trump, who has faced a series of legal defeats related to Carroll’s claims. The same appeals court recently upheld a separate $5 million award to Carroll in a related case342. Trump’s legal team has indicated they intend to seek further review, potentially by the full appeals court or even the Supreme Court34.
The DOJ’s effort to intervene in the case reflects an ongoing legal debate about the boundaries of presidential immunity and the use of government resources in defending actions taken by a sitting president. However, the court’s decision ensures that, for now, Trump remains personally responsible for defending himself and for any damages awarded in the case412.
Conclusion
The appeals court’s denial of Trump’s attempt to use the DOJ in his defense marks a pivotal moment in the high-profile legal battle with E. Jean Carroll. As oral arguments approach, Trump faces the challenge of appealing the multimillion-dollar judgment without the backing of the federal government, keeping the focus on the limits of presidential immunity and personal accountability for actions taken while in office34125.
Sources:
- https://abcnews.go.com/US/appeals-court-doj-represent-trump-appeal-jean-carroll/story?id=122989566
- https://www.upi.com/Top_News/US/2025/06/19/appeals-court-Trump-Carroll-defamation-case/2101750303804/
- https://abcnews.go.com/US/trump-seeks-delay-appeal-83-million-judgment-jean/story?id=123047927
- https://thehill.com/regulation/court-battles/5357924-trump-carroll-defamation-case-appeal-denied/
- https://www.goodmorningamerica.com/news/story/trump-seeks-to-delay-appeal-of-83-million-judgment-in-e-jean-carroll-case-123047927
- https://www.cnbc.com/2025/06/13/trump-carroll-appeal-sex-abuse.html
- https://www.cbsnews.com/news/appeals-court-wont-rehear-trumps-appeal-e-jean-carroll-defamation-sexual-abuse-case/
- https://apnews.com/article/trump-e-jean-carroll-sexual-abuse-appeal-8e2db7bdb881ff0b9353b6fb17750f48
- https://www.nbcnews.com/politics/donald-trump/federal-appeals-court-wont-reconsider-trumps-5-million-loss-e-jean-car-rcna212888
- https://www.cnn.com/2025/06/13/politics/appeals-court-e-jean-carroll
