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The Guardian - US
The Guardian - US
World
Victoria Bekiempis

Trump asks judge not to order release of $5.8m payment to E Jean Carroll

a woman in a blue jacket, white shirt and sunglasses walks outside
E Jean Carroll leaves the second US circuit court of appeals, in Manhattan, New York, on 6 September 2024. Photograph: Adam Gray/Reuters

Donald Trump’s latest effort to delay the release of more than $5m in court-held funds that he owes E Jean Carroll failed on Wednesday.

The US president asked Manhattan federal court judge Lewis Kaplan late on Tuesday not to order the release of these court-held funds, which a jury awarded Carroll in her successful 2023 sexual abuse and defamation civil trial against him; this money also includes interest. Trump has denied all wrongdoing.

Less than 24 hours later, Kaplan issued an order directing the disbursement of this money. Within an hour, Trump filed paperwork indicating that he is appealing this decision.

“The Clerk is respectfully directed to disburse … the value of the principle Judgment, which amounts to $5,000,000.00,” Kaplan’s order said. “The Clerk is further respectfully directed to disburse … the value of the post-judgment interest”.

Trump had deposited this multimillion jury award, plus 11% interest, into a court-controlled account about six weeks after Carroll’s win. For this money, which now totals about $5.8m, to be released, Kaplan had to order directing the court-controlled fund to do so.

Trump’s failed request stems from the supreme court’s 29 June decision not to review his appeal of this case. Trump had asked for the supreme court to weigh his appeal after lower courts repeatedly rejected his fight against this verdict.

After the supreme court denied hearing his appeal, Carroll’s legal team asked Manhattan federal court judge Lewis Kaplan to issue an order directing the release of these funds.

“After four years of litigation across every level of the federal court system, it is time for this case to end,” lead Carroll attorney Roberta Kaplan argued in court filings. “And under the Court’s Stipulation and Order, Carroll is now entitled to obtain payment of the money due under the judgment.”

Roberta Kaplan cited a June 2023 agreement between her and Trump’s lawyers that he would put funds in a court-controlled account while his appeals unfolded. She said in court papers that this agreement spelled out that money would be released upon certain definitive legal developments––such as the US Supreme Court refusing to hear his appeal.

In Trump’s push against an order that would release of these funds, the president’s legal team cited his 6 July petition for the supreme court to reconsider their denial.

An order releasing the money before then, his lawyers argued, “would cause President Trump irreparable harm while not improperly disadvantaging [Carroll’] in any way.”

Trump’s team claimed that Carroll’s lawyers made an “incorrect reading” of the agreement and that it “does not permit collection while the rehearing petition remains unresolved.” If the judge didn’t order releasing the funds, Trump’ said, Carroll “faces only temporary delay, fully compensable by interest, unless judgment is overturned on appeal.

“That has been the status quo throughout the appellate process in this case, and it must remain so pending resolution of the petition for rehearing,” they argued. “President Trump, however, faces unrecoverable loss: Plaintiff has repeatedly stated that she intends to give away all funds that she collects from him, and once those funds are distributed to third parties, they likely cannot be recovered.”

Trump asked Kaplan to deny Carroll’s request for an order releasing the funds or, if he doesn’t deny it, delay making a decision.

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