Popok says years of litigation amount to waiver of immunity
Michael PopokLawyer and Legal AF commentator, speaking in his own analysis
Popok argues that Trump cannot revive presidential immunity after litigating for years without properly raising it. He supports Carroll's waiver argument.
“Well, problem with that is a little thing called waiver. If you've waived the immunity, you can't assert it.”
Original video
Where this statement fits
Trump asks the Supreme Court to overturn E. Jean Carroll's $83.3 million defamation verdict on immunity grounds; Carroll says he waived that defense
Trump and the Justice Department ask the Supreme Court to review the $83.3 million judgment over his 2019 statements about E. Jean Carroll, citing presidential immunity and the Westfall Act. Carroll says Trump gave up his immunity defense years ago.
Source and context
Original video
About this source
Popok's own commentary is distinguished from the brief he quotes. The judgment at issue is $83.3 million; the video repeatedly rounds it incorrectly.
Archived copy (opens in a new tab)Before the quotation
He discusses Carroll's opposition and then gives his own assessment.
After the quotation
He rejects the argument that presidential immunity cannot be waived.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is Trump's immunity-based effort to overturn the judgment. Popok criticizes that effort as barred by waiver.
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More from this case
Read the full casePainter says the Carroll case could let the Supreme Court define a president's official-capacity conduct
“My comment on it has focused not on the timing of the defense and whether that defense was waived, but the underlying issue of what is and is not "official capacity" conduct of the president. That question was left unanswered by the Supreme Court in Nixon v. Fitzgerald (holding the president is immune from civil suit for official acts) and again in Trump v. United States (holding the president is immune from criminal prosecution for official acts). In the Carroll case the Court could answer that question”Read statement
E. Jean Carroll, in her Supreme Court brief, says the Court should not bail Trump out of the consequences of his litigation choices
“Nor should this Court grant certiorari to bail out this President from the consequences of his repeated litigation choices.”Read statement
The Justice Department tells the Supreme Court that Trump's 2019 statements about Carroll were plainly within the scope of his office
United States Department of Justice
“The error is especially egregious because, on the merits, President Trump's conduct was plainly within the scope of his office.”Read statement
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The Dispute Index. "Popok says years of litigation amount to waiver of immunity". First published: 2026-11-04. Last updated: 2026-11-04. https://disputeindex.com/events/8131-popok-argues-that-trump-cannot-revive-presidential-immunity