The Andrew Branca Show
The Andrew Branca Show
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Trump's Best Shot to Beat the Carroll $83M Verdict!

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May 10, 2026

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Federal Second Circuit Judge Steven Menashi—joined by Judges Park and Livingston—has issued a scathing 54-page dissent from the denial of rehearing en banc in the E. Jean Carroll case, identifying six independent errors that he says together amount to a "manifest miscarriage of justice."

On this stream, I walk through every one: the refusal to substitute the United States under the Westfall Act, the panel's stunning dismissal of Trump v. United States and presidential immunity, the denial of a jury trial on the 2019 statements, defective malice instructions, duplicative compensatory damages, and an $83 million award the dissent calls grossly excessive.

What Menashi exposes is a record of one-off rulings, applied to one defendant, none of which would survive in any other case. He shows the President was held to a narrower scope of office than a government driver, denied the qualified privilege of reply, and saddled with punitive damages built on a public-relations fantasy of "reputation repair." The same rules, he writes, should apply equally to all defendants. Here, plainly, they did not.

Join me live as we read the dissent together and discuss what comes next at the Supreme Court. Bring your questions.

Join me LIVE at 11 AM ET as I break it all down!

Episode #1320.

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Guests & Subjects Covered

Chapter All TheBrancaShowJudges ParkE Jean CarrollUnited StatesWestfall ActWhat MenashiSupreme Court BringAM ET

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Trump's Best Shot to Beat the Carroll $83M Verdict! · The Andrew Branca Show · Sentinel