President Donald Trump has asked the Second Circuit Court of Appeals to pause enforcement of the $83.3 million defamation judgment awarded to E. Jean Carroll, seeking to delay payment while he prepares a potential Supreme Court appeal
In a filing on Tuesday, Trump requested that the Second Circuit Court of Appeals stay its mandate in the case, which would temporarily block Carroll from taking steps to collect the judgment. The request comes days after the appeals court rejected Trump’s bid to rehear the case before the full court, effectively ending his path to further review at that level.
Trump’s lawyers say a stay is necessary to preserve what they describe as serious constitutional questions surrounding presidential immunity and the Westfall Act, which governs when the federal government can be substituted as a defendant for officials acting within the scope of their duties.
Carroll’s attorney, Roberta Kaplan, said Tuesday’s motion was “pretty expected,” and told Newsweek her team does not oppose a stay of the mandate, provided the president increases the size of the existing bond to account for interest and to ensure the damages remain available to satisfy the judgment following the conclusion of all proceedings. When approached for comment, Trump’s attorneys shared a copy of Tuesday’s filing.
What the Request Would Do
If granted, the stay would halt enforcement of the judgment while Trump seeks review at the Supreme Court. It would not overturn or revisit the jury’s verdict, which found Trump liable for defaming Carroll and awarded her $83.3 million in damages.
Absent a stay, Carroll would be able to begin collection proceedings once the appellate court issues its mandate.
Trump’s legal team argues that allowing enforcement now would cause irreparable harm, particularly because Carroll has publicly said she plans to give away any money she receives, making recovery difficult if the Supreme Court were later to reverse the ruling.
Trump’s Supreme Court Strategy
Trump’s motion repeatedly stresses that the issues raised are likely to attract Supreme Court review. His lawyers argue that the Second Circuit erred by concluding Trump had waived presidential immunity, and by rejecting attempts to invoke the Westfall Act to substitute the U.S. as defendant for statements made while Trump was in office.
The filing points to a dissent by three judges who argued that the case raises unresolved questions about whether presidential immunity can be waived at all, and whether courts misapplied existing Supreme Court precedent.
Trump’s team also points to the Court’s recent ruling in Trump v. United States as strengthening the case for review.
It is not yet clear when Trump will formally petition the Supreme Court, and the justices are not required to take the case.
Carroll’s attorney told Newsweek that she doubts the Supreme Court will consider arguments premised on presidential immunity or the Westfall Act, “in large part because Donald Trump’s lawyers waived these arguments multiple times in multiple different ways.
“And the Supreme Court generally doesn’t like to hear cases where arguments have been waived.”
What Happens Next
The Second Circuit will decide whether to grant the stay of its mandate. If the court agrees, collection of the judgment would be paused while Trump seeks Supreme Court review.
If the stay is denied, Trump could still ask the Supreme Court directly to intervene, though such requests are rarely granted.
For now, the $83.3 million judgment remains intact, but Tuesday’s filing marks Trump’s latest effort to delay payment as he pushes the case toward the nation’s highest court.
Update, 05/06/26 9:42 a.m. ET: This article was updated with a response from Trump and Carroll’s attorneys.
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