Overview
- On Tuesday, President Trump filed a petition asking the U.S. Supreme Court to reverse a January 2024 jury’s $83.3 million defamation verdict against him and argued his 2019 statements were protected by presidential immunity.
- The Department of Justice filed a separate request this week seeking to substitute the United States as the defendant under the Westfall Act, a federal law that protects government employees from tort suits for actions taken within the scope of their official duties.
- Lower courts, including a panel of the 2nd U.S. Circuit, upheld the $83.3 million award after finding extensive harm and threats tied to Trump’s comments, but enforcement of that judgment is on hold while the Supreme Court decides whether to take the case.
- If the Westfall Act substitution is allowed, the government would replace Trump as the defendant and defamation claims would likely be dismissed because the United States cannot be sued for defamation.
- The petitions raise a major legal question about how far presidential immunity reaches in civil speech cases, and a Supreme Court decision to hear the case would likely delay final resolution and collection of the award into next year.