Legal AF by MeidasTouch: “Scared Trump Makes Major Filing in Carroll Judgment” – Episode Summary

Release Date: April 15, 2025

In the April 15, 2025 episode of Legal AF by MeidasTouch, hosts Michael Popok, Ben Meiselas, and Karen Friedman Agnifilo dissect the latest legal strategies employed by former President Donald Trump in his ongoing battles against civil judgments related to sexual abuse and defamation claims filed by E. Jean Carroll. This episode offers a comprehensive analysis of the intricate legal maneuvers, the implications of sovereign immunity, and the potential outcomes of these high-stakes cases.

1. Introduction to the Carroll Judgment Filings

The episode kicks off with Michael Popok addressing the recent developments in Trump's legal battles against E. Jean Carroll. Popok sets the stage by highlighting Trump's attempts to leverage the United States' sovereign immunity to nullify an $83.5 million judgment awarded to Carroll for sexual abuse and defamation.

Popok [02:27]: "Trump's at it again. He's using your taxpayer dollars and the United States of America and its sovereign immunity to try to argue he doesn't have pay an almost $100 million judgment for sex abuse."

2. Overview of the E. Jean Carroll Cases

Popok provides a detailed overview of the two separate cases involving E. Jean Carroll:

• Sexual Abuse Case: Carroll sued Trump for sexual abuse, resulting in an $83 million judgment. This case focused on incidents that occurred while Trump was serving as president.

• Defamation Case: Carroll also pursued a defamation claim against Trump for statements he made denying the abuse, leading to a $5.5 million judgment, which Trump had already paid following an appeal.

Popok [02:54]: "Of the United States, where he stepped out of his role of being president to go after E. Jean Carroll and say, look what she looks like. I would never sexually abuse her. I don't even know the person. She's not my type. Defamation, defamation, defamation."

3. Trump's Strategy to Invoke Sovereign Immunity

A significant portion of the episode delves into Trump's legal strategy to invoke sovereign immunity under the Westfall Act, a statute that provides federal officers, including the President, immunity from certain lawsuits.

Popok [05:04]: "The Biden administration's Department of Justice had an opportunity to say, oh, we're gonna come into the case, replace Donald Trump as the party and then move for its dismissal under concepts of sovereign immunity, which is allowed under a little known statute called the Westfall act... Now, we know the US Supreme Court stretches out as far as it can the presidential powers when they did their immunity decision. But we're talking here about civil liability."

Despite having the opportunity, the Department of Justice, led by Merrick Garland, opted not to intervene, deciding against substituting the United States as the defendant to wield sovereign immunity over Trump.

Popok [09:07]: "They took a look at the case, Merrick Garland took a look at the case and said in 2023, yeah, we're not intervening in the case. This isn't presidential conduct."

4. Judicial Proceedings and Appeals

Popok outlines the procedural history of the cases, emphasizing that after Trump’s appeal attempts, both the sexual abuse and defamation cases were retried and resulted in unfavorable judgments against him.

Popak [06:05]: "$83 million judgment."

Popak [06:07]: "And that's been running with interest ever since."

He further explains that the Second Circuit Court of Appeals is currently reviewing Trump's latest attempt to invoke immunity, but anticipates that the court will reject this move.

Popak [08:33]: "I think the Second Circuit's gonna reject the certification, reject the attempt to substitute in at the judgment time the United States of America for Donald Trump in abuse and defamation case... And if Donald Trump doesn't like it, he'll take it up where else? To the United States Supreme Court where he may have three or four votes, but I'm not sure he can count to five and get five votes to let him out of a civil judgment lawsuit for sex abuse and defamation."

5. Department of Justice’s Role and Decisions

Popok critically assesses the DOJ's decision not to intervene under the Westfall Act, suggesting that this choice reinforces the accountability of high-profile figures like Trump, regardless of their political positions.

Popak [05:04]: "We're talking here about civil liability... the DOJ had an opportunity... but they decided not to pursue it."

This decision underscores the DOJ's stance on separating legal accountability from presidential immunity, especially in civil cases not directly tied to presidential duties.

6. Future Implications and Potential Outcomes

Concluding the episode, Popok speculates on the potential trajectories of these cases. He remains skeptical about Trump's chances of overturning the judgments, even if the Supreme Court were to hear the case.

Popak [08:33]: "I'm not sure he can count to five and get five votes to let him out of a civil judgment lawsuit for sex abuse and defamation. With the record that's already been established."

This assessment highlights the robustness of the judicial decisions against Trump and the improbability of successfully invoking sovereign immunity to negate the civil judgments.

7. Podcast’s Call to Action and Growth

While primarily focused on the legal analysis, the episode briefly touches upon the podcast’s growth and encourages listeners to subscribe and support their mission to provide insightful legal discussions.

Popak [11:51]: "We want to join our brothers. So with your help, we will Legal AF the podcast, audio and video version. Subscribe, listen, download, tell your friends."

Conclusion

This episode of Legal AF offers a thorough examination of Donald Trump's latest legal filings in the context of E. Jean Carroll's defamation and sexual abuse cases. Through meticulous analysis and insightful commentary, Michael Popok and his co-hosts elucidate the complexities of sovereign immunity, the Department of Justice's pivotal decisions, and the steadfastness of the judiciary in upholding civil judgments. For listeners seeking an in-depth understanding of the intersection between law and high-profile political figures, this episode serves as a compelling resource.

Notable Quotes:

• Michael Popok [02:27]: "Trump's at it again. He's using your taxpayer dollars and the United States of America and its sovereign immunity to try to argue he doesn't have pay an almost $100 million judgment for sex abuse."

• Michael Popok [05:04]: "There was litigation over that... the Biden administration's Department of Justice had an opportunity to say... we're gonna come into the case, replace Donald Trump as the party and then move for its dismissal under concepts of sovereign immunity..."

• Michael Popok [08:33]: "I think the Second Circuit's gonna reject the certification, reject the attempt to substitute in at the judgment time the United States of America for Donald Trump in abuse and defamation case... And if Donald Trump doesn't like it, he'll take it up to the United States Supreme Court where he may have three or four votes, but I'm not sure he can count to five and get five votes to let him out of a civil judgment lawsuit for sex abuse and defamation."