A New York judge on Thursday denied former President Donald Trump’s request to stay enforcement of an $83.3 million judgment against him in his E. Jean Carroll civil defamation judgment.
Manhattan federal court Judge Lewis Kaplan’s decision was made in response to a letter motion submitted by Trump attorney Alina Habba on Wednesday.
Ms. Habba asked for a delay “until three business days after the Court rules on his stay motion,” arguing that President Trump would suffer “irreparable injury” due to the substantial costs of preparing to post bond before a ruling.
However, Judge Kaplan rejected this argument, writing in his order that “Mr. Trump’s current situation is a result of his own dilatory actions.”
“He has had since January 26 to organize his finances with the knowledge that he might need to bond this judgment, yet he waited until 25 days after the jury verdict … to file his prior motion for an unsecured or partially secured stay pending resolution of post-trial motions,” Judge Kaplan wrote (pdf).
In the order, the judge noted that the court had ordered expedited briefing and assured the parties that the motion would be decided as promptly as reasonably appropriate. However, due to the delay in filing, the judge could not render any decision as quickly as President Trump’s attorneys had requested.
Judge Kaplan also rejected the argument that the cost of ongoing litigation without a stay constitutes an “irreparable injury.”
“Nor has Mr. Trump made any showing of what expenses he might incur if required to post a bond or other security, on what terms (if any) he could obtain a conventional bond, or post cash or other assets to secure payment of the judgment, or any other circumstances relevant to the situation,” Judge Kaplan wrote.
Trump spokesman Steven Cheung issued a statement following Judge Kaplan’s order, calling it a “continuation of a totally lawless witch hunt.”
“President Trump filed a timely motion to stay the ridiculous judgment, and many courts, including the Second Circuit, recognize the importance of temporary administrative stays while such motions are considered,” Mr. Cheung said.
“We look forward to continuing to litigate the case and to complete vindication of the truth.”
As he moves toward winning the Republican nomination for president ahead of the 2024 election, the former president has sought to delay the outcomes of both the defamation lawsuit involving Ms. Carroll, a writer, and a separate civil fraud judgment, both of which are taking place in New York.
President Trump is facing penalties totaling around $500 million across these two legal proceedings.
In January, a jury awarded Ms. Carroll $83.3 million after she claimed the former president defamed her in 2019 when he denied her allegations against him of sexual assault. She claimed she received death threats, which she said she deleted, as a result of President Trump’s claims. This was the key reason her lawyers asked the jury to award her tens of millions of dollars in damages.
President Trump has maintained his innocence and has vowed to appeal the ruling.
Two weeks ago, President Trump’s attorneys filed a motion seeking a stay on the execution of the $83.3 million judgment against him for 30 days to allow for post-trial motions that may impact the penalty figure.
The motion, citing Rule 62 of the Federal Rules of Civil Procedure, asks for either an “unsecured” or “partially secured” stay of the court’s Feb. 8 judgment until 30 days after the resolution of President Trump’s post-trial motions.
The motion requested to grant President Trump the right to “post a bond in an appropriate fraction of the amount of the judgment.”
Judge Kaplan’s order requires the GOP frontrunner to pay Ms. Carroll $83.3 million by Monday or post bond against collateral, such as his assets.
From The Epoch Times
