If you’ve been keeping an eye on the headlines lately, you know the legal drama surrounding the Trump appeal E Jean Carroll cases has been a marathon, not a sprint. Honestly, it’s a lot to keep track of. You’ve got two different lawsuits, multiple juries, and a mountain of cash at stake—specifically, about $88.3 million.
Basically, the latest news as we move through January 2026 is that the legal road for Donald Trump in these civil cases is getting shorter. A major chunk of that money—the $83.3 million award from the second trial—was upheld by the 2nd U.S. Circuit Court of Appeals late last year. Now, the President's personal legal team is knocking on the Supreme Court’s door, trying to get them to take a look at the $5 million verdict from the first trial.
What Most People Get Wrong About the Two Trials
A lot of folks get confused because there were two trials, but they weren't about the same exact thing.
- Carroll II (The First Trial): This happened in May 2023. A jury found Trump liable for sexual abuse (but not rape, under New York's very specific legal definition at the time) and defamation. They awarded E. Jean Carroll $5 million.
- Carroll I (The Second Trial): This was in January 2024. This one was specifically about defamation for statements Trump made while he was still in the White House in 2019. Because the first jury already decided he did assault her, the second jury only had to decide how much money he owed for calling her a liar. They landed on $83.3 million.
The logic behind that massive $83.3 million number wasn't just pulled out of thin air. It included **$65 million in punitive damages**. Why so high? The jury felt that a smaller amount wouldn't stop him from continuing to attack Carroll’s character. In fact, the appeals court pointed out that Trump’s conduct was "remarkably high, perhaps unprecedented" in terms of how much he kept going after her even during the trial.
The Presidential Immunity Argument (And Why It Failed)
One of the biggest pillars of the Trump appeal E Jean Carroll strategy was the idea of presidential immunity. His lawyers argued that because some of the statements were made while he was President, he couldn't be sued for them.
The appeals court didn't buy it. They ruled that Trump had actually waived this defense by not bringing it up early enough in the litigation. Basically, you can’t wait years into a case to suddenly say "Hey, I’m immune." The courts are pretty strict about those kinds of procedural deadlines.
What’s Happening Now?
Right now, the $5 million verdict is the one sitting in the Supreme Court’s inbox. Trump's lawyers filed a petition in November 2025 asking the justices to reverse it. They’re claiming the trial was "flawed" because the judge allowed evidence from other accusers and the famous Access Hollywood tape.
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In legal speak, they’re arguing about Rules of Evidence 413 and 415, which usually allow a defendant's past sexual misconduct to be used as evidence in a new sexual assault case. Trump’s team says this was unfair "propensity evidence" that shouldn't have been allowed.
But here’s the reality: The Supreme Court doesn't have to take the case. They get thousands of requests a year and only pick a tiny handful. If they say no, that $5 million verdict stays for good.
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The Money: Where is it?
Trump had to put up a bond for the full amount plus interest to even pursue these appeals. That means the money is essentially sitting in a secure account. If he loses his final appeals, that cash goes straight to E. Jean Carroll.
Actionable Insights: What This Means for You
Whether you’re a law student or just someone trying to understand how the system works, here’s the takeaway:
- Civil vs. Criminal: Remember, these are civil cases. He’s not going to jail for these; it’s strictly about money and liability.
- Issue Preclusion is Real: Once the first jury decided the assault happened, that fact was "locked in" for the second trial. That’s a powerful legal tool called collateral estoppel.
- Procedural Deadlines Matter: The "immunity" defense failed largely because of a missed deadline. In law, when you say something is often as important as what you say.
- Watch the Supreme Court Docket: Keep an eye on the "Trump v. Carroll" filings. If the court refuses to hear it (a "denial of certiorari"), the legal battle for the $5 million is officially over.
The Trump appeal E Jean Carroll saga has fundamentally changed how we look at defamation and the limits of a president's "official" speech. As the Supreme Court decides whether to step in, the $83.3 million judgment still stands as one of the most significant defamation awards in recent history.