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WASHINGTON, D.C. – America First Legal (AFL) has filed a critical amicus brief urging the U.S. Supreme Court to review the lower courts’ deeply flawed rulings in the defamation case brought by E. Jean Carroll against President Donald J. Trump. AFL’s brief explains that the courts denied President Trump the impartial treatment every litigant is entitled to and should expect. This occurred through the admission of unreliable evidence contrary to established law that would routinely be excluded, resulting in a verdict that defies basic logic.
From the outset, the district court manipulated established evidentiary rules to admit stale, unverified allegations while blocking key rebuttal evidence — actions that belied impartiality.
AFL’s brief explains that, among other serious errors:
New York revived Carroll’s 30-year-old claim through the Adult Survivors Act, an extraordinary, retroactive law that was effectively tailored to permit this lawsuit and target President Trump. The court admitted decades-old, unverified accusations from other individuals despite major inconsistencies, political motives, and their highly prejudicial nature as evidence for the jury’s consideration. The court wrongly excluded from the jury’s consideration relevant evidence about Carroll’s inconsistent testimony, her public claims about supposed DNA evidence that never materialized, and her late admission that political donors helped fund her case. The jury delivered an inconsistent verdict, rejecting Carroll’s central claim of rape yet still imposing liability in a way that reflected bias rather than the evidence.
Despite these serious problems, the Second Circuit upheld the judgment. AFL’s brief warns that allowing this ruling to stand threatens the consistent and impartial application of the Federal Rules of Evidence necessary to ensure that all litigants, even the politically controversial, are subject to the same objective and equal application of the law.
Federal courts must faithfully apply Rules 403 and 415, ensuring reliability and probative value before admitting highly prejudicial evidence, and guaranteeing that every litigant — regardless of who they are — is afforded the same opportunity for a meritorious defense. AFL’s filing makes clear that the lower courts utterly failed in this regard and that only the Supreme Court can rectify this judicial harm and prevent future injustice.
“This case is a blatant example of lawfare used to attack President Trump. The case was rife with unequal treatment, unreliable evidence, and it resulted in a verdict that simply does not match the facts or the law,” said Gene Hamilton, President of America First Legal. “If the rules don’t apply equally to everyone, then they don’t protect anyone. The Supreme Court should grant review, correct these serious errors, and reaffirm that justice in America cannot be twisted to fit political narratives.”
“Federal courts must apply the rules of evidence the same way in every case. What happened here was the opposite: unreliable allegations were admitted, critical rebuttal evidence was excluded, and the result was a verdict divorced not only from the standards that protect every litigant, but also reality itself,” said Emily Percival, Senior Counsel at America First Legal. “The Supreme Court should restore the proper standards and make clear that political ideology has no place in the administration of justice.”
“Without equal application of the law, in both form and substance, the American justice system unravels. How can the average citizen trust our legal institutions if they can be so clearly brutalized by political bias? The Supreme Court must intervene to preserve the integrity of our legal process and prevent future abuse,” said Laura Stell, Counsel at America First Legal.
America First Legal will continue fighting for the rule of law, standing up for fair treatment in the courts, and pushing back against political manipulation of the judicial process.
Read the full amicus brief here.
Read more of AFL’s amicus briefs here.
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