WOOT!! APPEALS COURT REJECTS TRUMP’S EFFORT TO HAVE THE E. JEAN CAROLL CASES REHEARD! (DOCUMENT INCLUDED)
This is going to be shortish, and the 91-page denial of an En Banc rehearing of the E. Jean Carroll appeal is included for Notes from the Front members if you want a deep dive, but basically Trump appealed the judgements from the two E. Jean Carroll cases (the first for raping her in a dressing room and then defaming her by claiming he’d never met her, let alone raped her, and the second also for defamation). In both cases the juries awarded E. Jean Carroll many millions of dollars.
Trump appealed those decisions. The arguments in Trump’s appeal included presidential immunity, and that he had been blocked from substituting in ‘the United States’ as a defendant instead of himself personally.
A 3-judge panel of the Court of Appeals of the Second Circuit affirmed the lower courts’ decisions.
Then Trump filed a 95-page request (also included for Notes members) for an En Banc hearing, detailing all of those reasons he should have been allowed to say “presidential immunity” and “the U.S. should be the defendant”. So, as protocol dictates, a judge on that Court of Appeals initiated a poll as to whether the appeal should be reheard En Banc, meaning that instead of letting the decision of the 3-judge panel stand, *all* the active Court of Appeals of the Second Circuit judges consider the appeal.
That poll *failed*. In other words, not enough judges voted to review the cases En Banc. There are a few dissents there, the vote split fell the way you would expect in terms of who appointed which judges.
So both judgements in favour of Carroll, stand. Trump’s only legal option now is to appeal to the Supreme Court, in which case he’d be appealing the legal question of not allowing him to raise the presidential immunity defense, and/or the letting the United States be the defendant instead of him.
Because, you know, somehow the United States and the tax payers, should take the fall for, and foot the bill for, his misdeeds.
Notes from the Front members: The opinion affirming the judgements against Trump, Trump’s request for an En Banc hearing, and the En Banc denial, are in your inbox now!
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P.S. If you actually read all the way to the bottom please leave a comment that includes the term “en banc”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering why everyone is talking about en bancs! ;~)
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