DOJ Asks Supreme Court to Substitute U.S. Government for Trump in $83.3 Million Carroll Defamation Case

The Justice Department filed a motion with the Supreme Court on May 6, 2026, seeking permission to step in as the defendant on President Donald Trump's behalf in the $83.3 million defamation judgment won by writer E. Jean Carroll. If successful, the unprecedented move would shield Trump from personal liability because the federal government cannot be sued for defamation.

The Details

Assistant U.S. Attorney General Brett Shumate filed the motion asking the justices to allow the government to invoke the Westfall Act and substitute the United States as the defendant in place of Trump. The Westfall Act grants federal employees immunity from certain civil damages when acting within the scope of their employment. Because the federal government is immune from defamation claims, substitution would effectively nullify the judgment against Trump personally.

The filing comes after the U.S. Court of Appeals for the 2nd Circuit rejected the government's earlier attempt to insert itself as the defendant. A three-judge panel ruled that both Trump and the government had waived any right to seek substitution by failing to request it when the case was originally sent back to the district court. Carroll's lawyer cited the court's determination that both parties had waived any right to now move for substitution. Last week, the full 2nd Circuit denied Trump's request to reconsider the panel's ruling upholding the $83.3 million verdict.

Carroll has previously indicated she does not oppose Trump's effort to pause payment of the judgment while the Supreme Court weighs whether to review the case, provided that he increases the bond to account for interest. The motion to pause payment remains separate from the DOJ's request to substitute the government as defendant.

Context

The May 6 filing marks the latest development in a legal battle that originated in the mid-1990s, when Carroll alleges that Trump sexually assaulted her in a Manhattan department store dressing room. Carroll later filed a defamation lawsuit under the New York Adult Survivors Act after Trump publicly denied her allegations. In May 2023, a jury found Trump liable for sexually abusing and defaming Carroll and awarded her $5 million. The 2nd Circuit upheld that verdict in December 2024, and the full court declined to reconsider in June 2025.

Trump then filed a petition for Supreme Court review of the $5 million judgment, designated as case 25-573, with the justices scheduled to consider it at their February 20, 2026 conference. Carroll's attorney, Roberta Kaplan, argued in a brief opposing that review that any Supreme Court ruling on the $5 million case would not affect the 2nd Circuit's judgment. The justices had not issued a decision on that petition as of early May 2026.

The $83.3 million defamation verdict followed a separate trial in which a jury found Trump liable for additional defamatory statements he made while denying Carroll's claims. Combined with the earlier verdict, Trump now owes Carroll approximately $88.3 million plus accrued interest.

It would be highly unusual for the federal government to intervene on a president's behalf after a trial and verdict have already been entered in a personal defamation case. The Carroll lawsuits remain among the last significant personal legal liabilities facing Trump during his second term. His state criminal conviction carried no punishment, and a separate civil fraud penalty of roughly $500 million was overturned on appeal.

What's Next

The Supreme Court has not yet scheduled consideration of the Justice Department's motion to intervene in the $83.3 million appeal. The justices were previously slated to consider Trump's separate petition challenging the $5 million verdict at their February 20, 2026 conference. It remains unclear when the Court will act on either filing, and no date has been set for oral arguments or a decision on the DOJ's substitution request. Carroll's legal team spokesperson declined to comment on the May 6 filing. The exact date when the Supreme Court will consider the DOJ's appeal request has not been calendared, leaving the timeline for any resolution uncertain.