Appeals panel raises concerns over delayed pursuit of ‘presidential immunity’ argument in Trump case

In a recent development, a federal appeals panel has expressed curiosity regarding the lack of effort by former President Donald Trump’s legal team to employ a claim of absolute presidential immunity in order to shield him from a defamation lawsuit filed by a woman who accused him of sexual assault.

During a hearing held on Monday, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan attentively listened as a lawyer representing Trump argued that a lower-court judge had erred in dismissing the defense, which was raised three years after columnist E. Jean Carroll initially sued Trump.

The lawsuit aims to hold Trump accountable for remarks he made during his presidency in 2019, following Carroll’s public revelation in a memoir that Trump had sexually assaulted her in the dressing room of a high-end department store in Manhattan back in 1996.

Trump has vehemently denied ever crossing paths with Carroll in the store or having any knowledge of her.

In the aftermath of the highly anticipated trial, it became apparent that the court did not immediately rule on the matter at hand.

This unexpected turn of events left both the prosecution and the defense in a state of suspense, as they anxiously awaited the decision that would determine the fate of their respective clients.

The atmosphere within the courtroom was thick with anticipation, as spectators and journalists alike hung onto every word uttered by the judge.

The deliberations that followed were marked by a meticulous examination of evidence, legal precedents, and the arguments put forth by both sides.

The gravity of the case was not lost on anyone present, as the implications of the court’s ruling had far-reaching consequences for all parties involved.

As the hours turned into days, the tension within the courtroom continued to mount, with each passing moment bringing the trial closer to its climactic conclusion.

The court’s refusal to issue an immediate ruling only served to heighten the sense of uncertainty and intrigue surrounding the case, leaving all those involved on edge.

The painstaking deliberations, while frustrating for those eagerly awaiting a resolution, were a testament to the court’s commitment to ensuring a fair and just decision.

It was evident that the judges were taking their responsibility seriously, carefully weighing all the evidence and arguments before reaching a verdict.

The delay in the court’s ruling underscored the complexities of the case and the importance of reaching a well-informed decision that would stand up to scrutiny.

Ultimately, the court’s refusal to render an immediate ruling was a testament to the gravity of the matter at hand and the dedication of the judiciary to uphold the principles of justice.

During the recent circuit court hearing, circuit judges Maria Araujo Kahn and Denny Chin raised concerns over the timing of Trump attorney Michael Madaio’s assertion that former President Trump should be protected by absolute presidential immunity in the lawsuit regarding his 2019 statements.

The judges questioned why the defense had waited until December of the previous year to make this claim. In an August written opinion, Judge Lewis A.

Kaplan had already rejected the defense of absolute presidential immunity, citing both the delay in asserting it and the belief that it would not be appropriate even if it had been raised earlier.

Kaplan emphasized the importance of holding presidents accountable for actions that fall outside the scope of their duties, despite the public interest in protecting them for actions within their official capacity.

During the hearing, Judge Chin highlighted the three-year delay in making the claim and questioned whether Judge Kaplan’s decision to deem it too late was an abuse of discretion.

In response to the ongoing legal proceedings against former President Donald Trump, Madaio, one of his legal advisors, has made a statement regarding the assertion of defense and the concept of presidential immunity.

According to Madaio, the assertion of defense at this point would not harm Carroll’s claims. He also emphasized the importance of absolute presidential immunity, stating that it is a protection that cannot be waived by any president, including Trump.

This statement highlights the significance of the legal concept of presidential immunity and its role in protecting the president from legal action during their term in office.

It also underscores the ongoing debate surrounding the extent of presidential immunity and its potential limitations.

Overall, Madaio’s statement serves as a reminder of the complex legal issues at play in this case and the importance of considering all relevant factors when making legal decisions.

During the course of the arguments, Kahn posed an intriguing question to Madaio, inquiring as to why the assertion of absolute presidential immunity had not been made earlier.

However, rather than providing a direct response to this thought-provoking query, Madaio seemed to sidestep the question altogether, leaving the audience wondering about the underlying reasons behind this apparent omission.

The issue of absolute presidential immunity is a matter of great significance and has been a subject of much debate and controversy throughout history.

It pertains to the extent of legal protection afforded to the President of a nation, shielding them from criminal prosecution or civil lawsuits during their time in office.

The concept of presidential immunity has evolved over time, with its origins traced back to the notion of sovereign immunity, which granted monarchs and heads of state immunity from legal actions.

However, in the context of a democratic society, the concept of absolute presidential immunity has garnered increasing scrutiny, with proponents arguing that it is essential for the effective functioning of the executive branch, while critics contend that it undermines the principles of accountability and the rule of law.

Given the significance and complexity of this issue, it is only natural for one to question why the assertion of absolute presidential immunity had not been made earlier.

By evading a direct response to this question, Madaio inadvertently leaves room for speculation and further analysis, prompting us to delve deeper into the matter at hand.

The issue at hand, regarding the claims made by Carroll against Trump, has been taken up by the appeals court in an expedited manner.

This urgency is due to Kaplan’s scheduling of a trial for damages in January, specifically focusing on the claims initially made in 2019.

The previous spring, a federal court jury in Manhattan found Trump guilty of sexually abusing Carroll, although they did not support her claim of rape.

As a result, they awarded her $5 million for sexual abuse and defamation, relating to comments made by Trump the previous year.

This trial was a result of a lawsuit filed by Carroll in November of the same year, taking advantage of New York state’s temporary allowance for individuals to sue for damages resulting from past sexual attacks.

Despite this verdict, the defamation lawsuit Carroll initiated in 2019 remained unresolved. Kaplan, the judge overseeing the case, has determined that the jury’s previous findings apply to the 2019 lawsuit as well, given the similarity of Trump’s statements in both instances.

Therefore, the upcoming January trial will focus on determining the extent of damages to be awarded. Carroll is seeking compensation exceeding $10 million.

In the realm of American politics, the specter of the 2024 presidential election looms large, and within the Republican Party, a familiar name has emerged as the early front-runner for the coveted nomination – none other than Donald J.

Trump. With his indelible mark on the political landscape, Trump’s potential bid for the presidency has captivated the nation, igniting fervent discussions and impassioned debates.

As the 45th President of the United States, Trump left an indelible mark on the nation’s history, reshaping the Republican Party and challenging conventional wisdom with his unorthodox approach to governance.

His larger-than-life persona, coupled with his unwavering base of supporters, has propelled him to the forefront of the race, making him a formidable force to be reckoned with.

Despite the controversies that have defined his tenure, Trump’s appeal remains undeniably potent, resonating with a significant segment of the electorate who identify with his populist rhetoric and conservative policies.

His unapologetic stance on issues such as immigration, trade, and national security has struck a chord with many Americans who feel disenchanted with the status quo and yearn for a leader who will prioritize their interests.

Moreover, Trump’s mastery of media and his ability to command attention have proven to be invaluable assets in an era dominated by 24/7 news cycles and social media.

His unfiltered and direct communication style, often delivered through his preferred platform of choice, Twitter, has allowed him to bypass traditional gatekeepers and connect directly with his supporters, cultivating an unwavering sense of loyalty and devotion.

As the 2024 Republican presidential nomination race begins to take shape, Trump’s early front-runner status is a testament to his enduring influence and the enduring power of his brand within the party.

However, it is important to note that the political landscape is ever-evolving, and the road to the nomination is fraught with uncertainty.

While Trump’s name recognition and loyal base provide him with a formidable advantage, he will undoubtedly face fierce competition from within his own party, as well as potential challengers from the Democratic Party.

Furthermore, the political climate and the issues that will define the 2024 election remain uncertain, making it difficult to predict with certainty the outcome of the race.

Nevertheless, one thing is clear – the prospect of Trump’s return to the political stage has ignited a firestorm of speculation and anticipation, underscoring the enduring impact of his presidency and the enduring allure of his political persona.

As the nation eagerly awaits the unfolding of the 2024 presidential race, all eyes are on Trump, the early front-runner for the Republican nomination, as he charts his course and seeks to secure his place in the annals of American political history once again.