A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Wednesday affirmed U.S. District Judge Lewis Kaplan of the Southern District of New York’s ruling denying former President Donald Trump’s effort to use a presidential immunity defense in author E. Jean Carroll’s defamation suit against him.

The panel of Circuit Judges José Cabranes, Denny Chin and Maria Araújo Kahn ruled that presidential immunity is waivable and that Trump did waive it.

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