E. Jean Carroll is contesting former President Trump's assertion of immunity in relation to her defamation case, where he allegedly denied her sexual assault claims. Carroll's lawyer, Roberta Kaplan, argues that Trump's comments were personal rather than presidential, specifically targeting her claims from before his presidency. She contends that this case illustrates the limits of presidential immunity in matters of personal conduct. Carroll was previously awarded an $83 million verdict for defamation, which Trump is appealing, alongside another $5 million judgment for civil sexual assault against him.
If there were ever a case where immunity does not shield a President's speech, this one is it. Donald Trump was not speaking here about a governmental policy or a function of his responsibilities as President.
Trump's allegedly defamatory comments in the press and on social media amount to quintessentially 'personal' conduct, thereby negating any claim to presidential immunity.
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