Trump Loses Bid to Claim Immunity in Defamation Trial

A federal appeals court has turned down former President Trump's attempt to present an immunity defense in the second defamation lawsuit brought against him by E. Jean Carroll. He'd have had to invoke it when the writer first sued him, the 2nd US Circuit Court of Appeals ruled Wednesday. The ruling says the question is "whether presidential immunity is waiveable," ABC News reports. It is, the three-judge panel answered itself in finding that by waiting three years to raise the issue, "Defendant waived this defense."

Roberta Kaplan, a lawyer for Carroll, welcomed the decision, per NBC News. Trump attorney Alina Habba called the ruling "fundamentally flawed." She said Trump's team will "continue to pursue justice and appropriate resolution." Habba had said earlier that if this ruling went against Trump, his team would turn to the Supreme Court, per CNN. The court's decision means the damages trial in New York on Carroll's remaining claim can proceed on schedule next month. (More E. Jean Carroll stories.)