President Donald Trump’s attorney on Tuesday asked a federal appeals court to pause its decision upholding an $83 million defamation judgment for writer E. Jean Carroll, a move designed to keep the payment on hold while the president appeals to the U.S. Supreme Court. In a filing with the 2nd U.S. Circuit Court of Appeals, attorney Justin D. Smith contended that Trump “will suffer irreparable harm” if forced to pay Carroll now because she has publicly stated she intends to give the money away, meaning the president would have no way to recover the funds if the high court eventually rules in his favor.
Smith’s filing said Carroll’s lawyer, Roberta Kaplan, does not oppose a stay as long as Trump increases the bond he posted after the verdict by $7.4 million to cover any post-judgment interest that might accumulate during Supreme Court review. Kaplan, through a spokesperson, declined to comment on the request.
The procedural move is the latest in a sprawling legal saga that began with Carroll’s 2019 account, published in a memoir, accusing Trump of sexually assaulting her in a Manhattan luxury department store dressing room in the 1990s. Trump has vehemently denied the allegation and has repeatedly said he does not know Carroll, accusing her of making the accusation for political purposes or to boost book sales. In May 2023, a Manhattan jury found Trump liable for sexual abuse and defamation, awarding Carroll $5 million. A second jury, in January 2024, awarded her $83 million for additional defamation after Trump continued to publicly challenge her account.
Trump’s appeal to the Supreme Court has not yet been filed, but Smith told the appeals court there is a “reasonable probability” the justices will agree to hear the case. His confidence rests in part on a dissent by three 2nd Circuit judges who opposed a recent decision by the full appeals court not to revisit the matter. That decision left in place a three‑judge panel’s September ruling that upheld the $83 million verdict. Smith also invoked Trump’s argument that as president he had absolute immunity from lawsuits over statements made while in office, an assertion that could invite Supreme Court scrutiny.
If the stay is granted and the bond conditions are met, Carroll would still not receive the award until after the high court decides whether to take the case and, if it does, issues a ruling. The 2nd Circuit has not indicated when it will rule on the stay request.