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August 8, 2025judicialpresidential immunityjudicial rulingsjudicial

Second Circuit denies Westfall Act substitution as statutorily barred and waived, leaves $83.3M judgment intact

A three-judge panel of the Second Circuit rejects the DOJ's motion to substitute the United States as defendant. The court rules the motion is statutorily barred because it was not raised before trial and that Trump waived his right to seek Westfall Act protection. The $83.3 million judgment remains intact.