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13:10Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover Donald Trump's petition asking the Supreme Court to erase E. Jean Carroll's $83.3 million defamation verdict, the larger of the two jury verdicts Carroll has won against him. Brian breaks down both Carroll cases: Carroll One, over Trump's 2019 statements calling her a liar while he was in the White House, and Carroll Two, over statements he made after leaving office, which resulted in a separate $5 million judgment the Supreme Court already declined to review. Trump's new petition argues the Second Circuit botched its application of Trump v. United States, last year's presidential immunity ruling, and that his 2019 comments about Carroll were official acts because they responded to questions about his fitness for office. Brian and Shant walk through Trump v. United States' tiered immunity framework and the 1980s precedent Nixon v. Fitzgerald, explaining why Carroll's case looks nothing like it: the underlying conduct predates Trump's presidency entirely, and Carroll never worked for the government. Shant's bottom line: cert petitions get denied far more often than they get granted, and this one asks the Court to stretch Trump v. United States well past what it actually held.
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