Former President Donald Trump on Friday was ordered to pay $83.3 million to advice columnist E. Jean Carroll in a defamation lawsuit stemming from his denial of her claim that he raped her in the mid-1990s.
A nine-person jury found Trump should pay $65 million in punitive damages to the former Elle magazine columnist, as well as $18.3 million in compensatory damages for emotional harm and other damages.
Carroll accused Trump of raping her in a Bergdorf Goodman department store in New York. He denied the accusations and called them a hoax and Carroll a liar.
Following the verdict, Trump released a statement declaring, “THIS IS NOT AMERICA.”
“Absolutely ridiculous!” Trump said. “I fully disagree with both verdicts, and will be appealing this whole Biden Directed Witch Hunt focused on me and the Republican Party. Our Legal System is out of control, and being used as a Political Weapon. They have taken away all First Amendment Rights.”
Trump was already found liable for sexually assaulting Carroll during a separate defamation trial last May, in which jurors determined that while there was not a preponderance of evidence to prove that Trump raped Carroll, there was enough evidence to prove that he sexually abused her and defamed her after she stepped forward with her claims.
U.S. District Judge Lewis Kaplan found Trump liable for defamation in the current case based on that jury’s findings. Kaplan also barred Trump from testifying that Carroll’s claim was invented, but Trump still managed to mutter under his breath, “I consider this a false accusation” during the trial on Thursday.
The trial started on Jan. 16, and Trump was the last witness in the case. He testified for roughly five minutes.
The sole question for the nine-person jury to decide on Friday was how much in damages Trump ought to pay. The $83.3 million verdict adds to the $5 million Trump owes Carroll from the May 2023 trial, which broke down to $2 million for sexual abuse, $1.7 million for reputation repair damages, and $1 million for malice and injury related to defamation.
Carroll’s attorney said during closing arguments, per the Messenger, that this time around, she should be awarded a minimum of $12 million in damages.
The decision comes after Trump exited the Manhattan courtroom in a huff on Friday while an attorney for Carroll made her closing arguments in the defamation case against him.
Trump attorney Alina Habba maintained that Carroll “had failed to show she is entitled to any damages at all” because Carroll “actively sought the comments and the attention” she received. Habba also said the former president could not be blamed for online threats Carroll received after she went public.
“He has as much control of social media users as he does the weather,” Habba said.
Due to Trump’s vows to appeal both defamation verdicts, speculation brewed online Friday evening as to whether the lofty amount he was ordered to pay would stand on appeal.
“It’s fairly common for a jury to award very high punitive damages to a rich defendant who has engaged in egregious conduct, only to see the punitive award lowered either by the trial court or on appeal,” said Rick Hasen, a law professor at UCLA School of Law.
Hasen noted that the Supreme Court has ruled that punitive damages can be unconstitutional under the process clause and require independent review, referring to the case that created the precedent known as State Farm v. Campbell.
Justices on the high court have said “that the wealth of the defendant cannot justify an otherwise unconstitutional award, and that when substantial compensatory damages are awarded … then a punitive award should be in a relatively low ratio to compensatory damages (like a 1:1 ratio, meaning damages in the $18 million range),” Hasen posted to Election Law Blog.
In the meantime, if Trump wishes to avoid the eye-raising price tag, legal experts suggested he may have to bond the judgment against him pending appeal. Courts typically require 111% of a judgment to be deposited during appeals.
In June 2023, Trump deposited $5.5 million with the federal court as security while he was appealing the first Carroll trial verdict. In this case, Carroll would collect $83 million if Trump’s appeals, including potentially to the Supreme Court, are not successful. The money set aside plus interest would be returned to Trump if he prevails.
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The Southern District of New York provides several options to secure a bond, including obtaining a commercial bond and even a way to collect from individuals who may pledge money for Trump, according to the court’s local rules.
Meanwhile, the judge presiding over Trump’s $370 million civil business fraud trial in Manhattan has said he is angling to rule on that matter by the end of this month.
