(NEW YORK) — President-elect Donald Trump is asking a federal appeals court to reconsider overturning a jury’s verdict that found he sexually abused writer E. Jean Carroll in the mid-1990s and awarded her $5 million in damages.
After the United States Court of Appeals for the Second Circuit determined last month that Trump failed to prove he deserved a new trial, lawyers for Trump on Tuesday requested an en banc hearing, in which the full court would hear the case rather than a select panel.
A New York jury in 2023 awarding Carroll $5 million in damages after it found Trump liable for sexually abusing her in the dressing room of a Bergdorf Goodman department store in Manhattan in the mid-1990s, and for defaming her in 2022 when he denied the allegations.
Last year, another jury ordered Trump to pay an additional $83 million in damages for his defamatory statements about Carroll.
Trump argued the trial court in 2023 erred when it allowed two women to testify about Trump allegedly assaulting them, as well as permitting Carroll’s lawyers to show the jury part of the now-infamous “Access Hollywood” tape in which Trump boasted about grabbing women.
“To have any chance of persuading a jury, Carroll’s implausible, unsubstantiated allegations had to be — and repeatedly were — propped up by the erroneous admission of highly inflammatory propensity evidence,” wrote Trump’s lawyers Todd Blanche, Emil Bove, and D. John Sauder, who have all been picked by Trump for top Justice Department posts in his incoming adminstration.
Trump’s lawyers argued that the trial court’s decisions, if left uncorrected, could set a damaging precedent of allowing “inflammatory propensity evidence in a wide range of future cases.”
Trump’s request for an en banc hearing is his final appellate option before possibly turning to the Supreme Court.
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