Trump Signals Attempt To Take Another Immunity Case To Supreme Court

 December 22, 2023

In a legal system often fraught with complex issues, former President Donald Trump's recent legal maneuverings have once again brought the question of presidential immunity to the forefront.

Donald Trump is considering escalating his immunity claims to the Supreme Court in the face of a defamation lawsuit by E. Jean Carroll.

His legal team, led by attorneys Michael Madaio and Alina Habba, seeks to delay the upcoming trial, arguing for the critical nature of presidential immunity in this case.

Trump's Legal Strategy Under Scrutiny

The legal team's request for a trial delay is part of a broader strategy to establish a firmer understanding of presidential immunity. Trump's actions have prompted the judiciary to reconsider the scope and limits of this legal protection. A second appeal concerning Trump's immunity—this time related to charges from the 2020 election—has already reached the Supreme Court, showing the gravity and recurrence of the issue.

Trump's lawyers have cited the recent appeal by Special Counsel Jack Smith to the Supreme Court, emphasizing its importance in their court filing. Their argument hinges on believing that the nation's highest court must address this "weighty and consequential constitutional question."

Special Counsel Smith's remarks have been leveraged by Trump's legal team to underscore the national significance of the question at hand. They agree with Smith's assertion that the Supreme Court must consider the exceptional national importance of presidential immunity.

A Battle Over the Bounds of Immunity

The 2nd Circuit Court of Appeals has already weighed in on Trump's immunity claims in the Carroll case, stating that such a defense is waivable and, in this instance, has been waived by Trump. This indicates a complex legal landscape where the interpretation of presidential immunity can vary significantly between courts. The court's decision that Trump invoked his immunity defense too late has added another layer to the ongoing debate.

E. Jean Carroll's accusations against Trump date back decades, alleging that Trump raped her and later defamed her when he denied the allegations. This has led to a jury ruling that found Trump guilty of sexual abuse in the 1990s and defamation in 2022, with a $5 million judgment against him. Trump's potential Supreme Court appeal would not only seek to challenge the defamation ruling but also potentially alter the legal landscape regarding presidential immunity.

While Carroll's case has been highly publicized, it is only one of several legal challenges currently facing Trump. The broader context of these challenges shows a pattern of legal disputes centered around the extent of privileges and protections available to a sitting or former president.

Constitutional Questions and National Importance

"There is little doubt that the Supreme Court views presidential immunity as indispensable," said Trump's lawyers. They argue that the nation's highest court is essential in resolving this constitutional matter.

Trump's lawyers citing Jack Smith:

“[i]n contrast to the district court’s dismissive treatment of President Trump’s immunity argument, Special Counsel Jack Smith asserted to the Supreme Court last week that the immunity issue presents a ‘weighty and consequential … constitutional question,’ which is of ‘exceptional national importance.’”

"We hold that presidential immunity is waivable and that Defendant waived this defense," stated the 2nd Circuit Court of Appeals, highlighting the contested nature of Trump's immunity claim. This ongoing legal discourse will likely shape the future understanding of presidential immunity.


Donald Trump's potential Supreme Court challenge over presidential immunity in the Carroll defamation lawsuit signifies a pivotal moment in the legal interpretation of executive power.

  • Donald Trump is considering a Supreme Court appeal regarding presidential immunity in a defamation lawsuit filed by E. Jean Carroll.
  • The 2nd Circuit Court of Appeals has ruled that Trump waived his immunity defense.
  • Trump's lawyers emphasize the national significance of the presidential immunity question, citing a similar argument by Special Counsel Jack Smith to the Supreme Court.
  • The Supreme Court is currently considering another case involving Trump's claim of immunity related to actions during the 2020 election.
  • The defamation trial against Trump is one of several legal issues he currently faces, with the outcome potentially affecting the broader understanding of presidential immunity.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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