Donald Trump, the former President of the United States, has recently begun to navigate the complex landscape of legal battles even as he prepares to return to the White House. Although he may enjoy a degree of immunity from criminal prosecution due to being president, this does not shield him from civil lawsuits or the obligation to testify under oath. Trump is currently facing a plethora of civil suits at the federal trial level, with nearly a dozen cases naming him as the defendant. Among these lawsuits are significant allegations, including a notable defamation case involving the Central Park Five, multiple lawsuits concerning his involvement in the January 6, 2021, Capitol riots, and cases linked to the clearance of racial justice protesters from Lafayette Park in June 2020.
The president-elect’s well-known litigious nature is further exemplified by a recent lawsuit against the Des Moines Register and a pollster who anticipated Trump’s loss in Iowa, which ultimately did not occur. This lawsuit represents just one of several actions he has taken against media organizations, with the former president not shying away from indicating his intention to pursue even more legal actions moving forward.
Should any of these civil lawsuits proceed to trial, Trump may find himself in a position where he must provide private communications during the evidence-gathering phase or potentially participate in videotaped depositions. Such scenarios inherently involve legal risks, particularly because depositions require testimony under oath. Legal experts suggest that the prospect of being on the stand could create political headaches for Trump reminiscent of challenges he faced during his presidency, given that the scrutiny he experiences may only amplify as investigations progress.
Brigida Benitez, a lawyer who has previously deposed Trump, recalls how challenging it was for him under cross-examination. Benitez recalled, “When you’re the deponent, you’re not in control of the room.” She represented chef José Andrés in a case that settled without the public getting to see the deposition transcript. Whether Trump will once again be under oath in the future remains uncertain, as his legal exposure may be limited for the next several months.
Recently, Trump narrowly escaped offering testimony in a lawsuit against ABC News, which settled shortly before he and news anchor George Stephanopoulos were due to be deposed. The settlement included substantial donations to Trump’s prospective presidential foundation and his legal fees, marking a rare legal victory for the former president in his ongoing litigation struggles.
First Amendment experts have expressed criticism over Trump’s tendency to sue media outlets, arguing that many of these cases are unlikely to find success in court. However, legal analysts like Ty Cobb, who previously defended Trump, suggest that Trump faces minimal immediate legal risk in his current actions against media organizations. Cobb describes these cases as akin to “playing in the sandbox,” indicating that revelations that could emerge from depositions are unlikely to negatively impact Trump politically.
Despite some victories, Trump continues to press forward with lawsuits against CBS News for alleged deception and against Simon & Schuster concerning the release of unpublished interviews by journalist Bob Woodward. Buoyed by the recent settlement with ABC, Trump’s legal team is eager to expedite proceedings in the Simon & Schuster lawsuit, although procedural issues currently delay progress.
The ongoing lawsuits in which Trump is embroiled will likely unfold at a measured pace as courts work through the legal questions surrounding presidential responsibilities. Historically, courts tend to prioritize ensuring that litigation does not unduly burden the sitting presidency. This principle was established during the precedent set by the Supreme Court in the case of Bill Clinton v. Paula Jones, which ruled that while sitting presidents do not have absolute immunity from civil cases, the civil proceedings must not disrupt their capacity to govern.
As investigations into the events surrounding January 6 progress, the eight lawsuits seeking to hold Trump accountable for the attack are still in their infancy stages. A key ruling from a federal judge, Amit Mehta, is expected to clarify Trump’s potential immunity regarding actions taken that day. Meanwhile, ongoing litigation concerning the clearing of protesters from Lafayette Park has led the Department of Justice to argue that Trump’s actions during that incident should shield him from personal liability.
In conclusion, as Trump gears up for his renewed presidency, his legal landscape remains tumultuous. The multitude of civil cases presents unique challenges and opportunities that could define his ongoing relationship with the law throughout his tenure as president. Legal experts, journalists, and political analysts will undoubtedly watch closely as these proceedings unfold, recognizing the potential significance of testimony, depositions, and legal outcomes in shaping Trump’s political narrative in the coming years.
