US Justice Department Intervenes as Trump Seeks to Pause $83 Million Defamation Judgment
Washington, D.C., Wednesday, 6 May 2026.
As Donald Trump seeks to pause his $83.3 million defamation judgment, the Justice Department plans to intervene, arguing he acted as a government employee during the incident.
The Legal Maneuvering and Financial Stakes
In early May 2026, legal representatives for former President Donald Trump initiated a concerted effort to halt the execution of an $83.3 million defamation judgment awarded to writer E. Jean Carroll [1][2]. On Sunday, May 3, Trump’s legal team filed an initial request for a stay, followed by a formal motion submitted to a New York-based federal appeals court on Tuesday, May 5, by his attorney, Justin Smith [1][2]. The filings argue that without a stay, the former president would suffer “ongoing irreparable harm” while he prepares to petition the Supreme Court to review the case on the grounds of presidential immunity [1]. Carroll’s original defamation lawsuit, filed in November 2019, culminated in the massive financial penalty, but her legal team has indicated they will not oppose the current stay request provided a specific financial condition is met [1].
The Westfall Act and the Limits of Executive Privilege
The Justice Department’s intervention hinges on the argument that Trump was acting in his official capacity as a government employee when he publicly denied Carroll’s sexual assault allegations in 2019 [3]. This defense relies heavily on the Westfall Act, a federal law that protects federal employees from personal liability for common law torts committed within the scope of their employment [2][GPT]. The Department of Justice explicitly stated in its May 5 filing that it will submit its own Supreme Court petition regarding the Westfall Act issue to broadly support the former president’s appeal [2].
A Crowded Supreme Court Docket
The $83.3 million case is not the only legal battle between Trump and Carroll currently vying for the Supreme Court’s attention. The justices are already scheduled to consider a separate petition from Trump regarding a $5 million defamation judgment awarded to Carroll in 2023, which stemmed from a 1996 sexual abuse incident and subsequent 2022 defamation [2]. That petition, which argues that the trial judge improperly admitted evidence such as the infamous “Access Hollywood” tape, is slated for consideration at the Court’s next conference on May 14, 2026 [2]. The Supreme Court has rescheduled this pending petition multiple times, and it will require the agreement of four justices to grant a formal review [2].