Federal appeals court lets Trump delay $83.3 million E. Jean Carroll payment while Supreme Court weighs case

By 
, May 14, 2026

The Second Circuit Court of Appeals ruled Monday that President Trump can keep holding off on paying the $83.3 million defamation judgment won by writer E. Jean Carroll, but only if he posts a larger bond to cover the interest piling up while the case heads to the Supreme Court.

The brief order from the U.S. Court of Appeals for the 2nd Circuit means the massive payout remains frozen as Trump asks the nation's highest court to throw out both jury verdicts Carroll secured against him. It marks the latest chapter in a legal saga that has stretched across two presidential terms and two civil trials, with Trump pressing constitutional arguments that no lower court has yet accepted.

The stay is a procedural win for Trump, not a ruling on the merits, but it keeps tens of millions of dollars out of Carroll's hands for now. And it shifts the spotlight to the Supreme Court, which has already been sitting on the first-trial appeal for months without acting.

The bond goes up

Carroll's legal team did not fight the delay itself. Instead, her attorney Roberta Kaplan told reporters her side agreed to the continued stay so long as Trump increased his bond by roughly $7.5 million to reflect post-judgment interest that keeps accruing.

Kaplan framed the outcome as a win for her client. The Hill reported her statement:

"We are pleased that the Second Circuit conditioned the stay on President Trump posting a bond of nearly $100 million, increasing the $91,630,000 bond he originally posted by another $7,462,492.74 to account for the accruing post-judgment interest."

That brings Trump's total bond obligation to nearly $100 million, money that sits in escrow, untouched, while the justices decide whether to take the case.

The math is straightforward. Every month the Supreme Court delays, the interest clock keeps running. If Trump ultimately loses, he owes more. If the Court takes the case and rules in his favor, the bond dissolves. The Second Circuit's decision to grant the stay keeps the status quo intact while the constitutional questions work their way upward.

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Two trials, two verdicts, one defense

Carroll publicly accused Trump during his first White House term of sexually assaulting her in a Manhattan department store in the mid-1990s. She took him to civil trial twice. The first jury awarded her $5 million. It also found Trump defamed Carroll in a 2022 statement. The second jury returned the far larger $83.3 million defamation verdict.

Trump has fought both outcomes on multiple fronts. He raised a presidential immunity defense, arguing that his statements about Carroll were made while he served as president and therefore shielded from civil liability. He also argued the federal government should be allowed to substitute itself as the defendant, putting taxpayers, rather than Trump personally, on the hook for any damages.

Neither argument has gained traction in the lower courts. The full Second Circuit bench declined late last month to overrule earlier panel decisions rejecting Trump's claims. That left the Supreme Court as his final avenue.

The broader pattern of federal courts acting as a check, or, depending on your perspective, an obstacle, to the Trump agenda extends well beyond the Carroll case. Breitbart has documented what it describes as "unprecedented efforts" by federal judges to block administration actions, from NIH funding decisions to personnel moves, with Judge Angel Kelley granting a restraining order against planned research-cost caps and other judges intervening on spending freezes.

The Supreme Court's long silence

Trump's appeal of the first Carroll trial has been pending at the Supreme Court for months. The justices were at one point scheduled to consider whether to take it up at a closed-door conference in February, according to the court's docket. They never did. The court has repeatedly delayed consideration ever since, offering no public explanation.

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That silence matters. The Supreme Court chooses what cases it hears and turns away the vast majority. The repeated deferrals could mean the justices are waiting for the second-trial appeal to catch up so they can address both at once. Or it could mean something else entirely. The court has said nothing.

Trump's expected petition appealing the second verdict will likely be folded into the mix, giving the justices a fuller picture of the constitutional questions at stake. But no filing date for that petition has been announced. The pattern of legal proceedings entangling Republican officials in politically charged courtrooms is by now familiar to conservative observers, and the Carroll case sits squarely in that tradition.

What's actually at stake

The presidential immunity question is not trivial. If the Supreme Court agrees that a president's public statements, even combative ones about an accuser, fall within the scope of official duties, it would reshape the legal exposure every future president faces. It would also gut both Carroll verdicts.

If the Court declines to hear the case, or takes it and rules against Trump, the bond converts to cash in Carroll's pocket, plus every dollar of interest that accumulated during the delay.

Carroll's side insists the appeals are meritless. Trump's side insists the lower courts got the constitutional framework wrong. The Second Circuit, having now rejected Trump's arguments at both the panel and full-bench levels, has effectively said it sees no merit in the immunity claim. But the Second Circuit is not the last word.

The case also raises the substitution question: whether the federal government should have stepped in as the defendant. That argument, if accepted, would shift the financial burden entirely, from a sitting president's personal assets to the federal treasury. Courts have so far declined to allow it, but the Supreme Court has not weighed in.

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In a political and legal environment where courts are increasingly the arena where partisan battles play out, the Carroll case stands as one of the most consequential civil actions ever brought against a sitting president. The dollar figures alone, $83.3 million from one jury, $5 million from another, a bond approaching $100 million, place it in rare territory.

The waiting game

For now, nothing changes. Trump keeps his money. Carroll keeps waiting. The bond grows. And the Supreme Court keeps its own counsel.

The Second Circuit's Monday order is narrow. It does not vindicate Trump's legal arguments. It does not validate Carroll's demand for immediate payment. It simply preserves the pause while the highest court in the land decides whether this case deserves its attention.

Trump has not emerged successful on the merits at any level so far. But he has succeeded in the one thing that matters most at this stage: buying time. Every month the justices delay is another month the judgment sits unpaid, another month the constitutional questions remain open, and another month Carroll's legal team watches interest accrue on a verdict they cannot collect.

Meanwhile, the broader legal landscape continues to shift as courts hand down decisions that cut in different directions for the administration.

The real question is whether the Supreme Court will finally act, or whether the justices will keep pushing this case to the back of the line, leaving both sides in an expensive limbo that serves no one's interest except the lawyers billing by the hour.

When the judicial system takes years to resolve a civil dispute involving a sitting president and tens of millions of dollars, the process itself becomes the punishment, or the protection, depending on which side of the docket you're standing on.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson