E. Jean Carroll and her attorney, Roberta “Robbie” Kaplan, forcefully responded to former President Donald Trump’s request for a delay in paying his defamation judgment. In a robust letter to the court, they dismantled Alina Habba’s legal argument, countering the attempt to stall the $83.3 million judgment issued by Kaplan’s team against Trump during his presidency for defaming Carroll.
Habba, representing the losing side alongside Trump, is seeking a stay on the judgment while pursuing post-trial motions, including efforts to reduce or eliminate the substantial sum. One of Habba’s arguments referenced a case where a court deemed the “requirement of a bond would be inappropriate” if the defendant’s ability to pay was evident, stating that the cost of the bond would be wasteful.
Carroll’s attorney, in a letter to Judge Lewis Kaplan, vehemently rejected this argument, highlighting that Trump presented no credible alternative means, aside from his own unverified claim, to ensure the availability of $83.3 million following potential appeals:
Dear Judge Kaplan,
We respond briefly to Defendant Donald J. Trump’s memorandum supporting his motion to stay execution of the judgment (ECF 306), where he incorrectly asserts a mischaracterization of Second Circuit law on Rule 62(b) (id. at 1). Trump refers to In re Nassau County Strip Search Cases, citing the Second Circuit’s decision to stay enforcement of the judgment “without the posting of a bond or other condition” (783 F.3d 414, 417, 2d Cir. 2015). However, the Second Circuit’s action was based on Nassau County’s demonstration of appropriated funds, readily available for paying judgments without delay or difficulty (id. at 418).
Our position aligns with this precedent: “to secure relief from the normal requirement of posting a bond, the requesting party must offer some ‘alternative means,’ ensuring the appellee’s full restitution if she succeeds on appeal” (ECF 303 at 3). In Nassau, this alternative means involved a dedicated and easily collectible governmental appropriation. In contrast, Trump provides no such alternative, relying solely on his unverified assurance of having $83.3 million when Carroll prevails on appeal.
Respectfully submitted,
Roberta A. Kaplan
The judge issued an electronic order on Monday, indicating that a decision would be made as promptly as reasonably possible, without implying the outcome or the specific timeframe for the decision.
