Politics & Government
Donald Trump's Next Verdict: Judges And Juries Will Decide
The president-elect faces a fraud case over Trump University and has threatened to sue the women who accused him of sexual assault.
Before Donald Trump is sworn in as America's 45th president, he's due to appear in court to testify as part of the fraud case against Trump University. And the United States' president-elect could have other legal obligations if he follows through on threats to sue the women who accused him of sexual assault "after the election is over."
Trump is entangled in dozens of lawsuits — at least 75, according to USA Today — involving him or his companies that likely will demand at least some of his time as he transitions into power and then once he takes office. It's unclear how such legal tussles would affect a Trump presidency before and after he's sworn in on Jan. 20.
"It’s absolutely unprecedented. Even one pending lawsuit is unheard of, much less 75," Bruce Mallard, a political science professor at Savannah State University, told Patch, adding that he anticipates limited progress. "And even though they’ll do some on the Trump University lawsuit soon, that doesn’t mean it’ll be over before Jan. 20."
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In May of 1997, the U.S. Supreme Court issued a ruling that led to the impeachment of President Bill Clinton. The court decided that the presidency was no shield for Clinton from a civil suit filed by Paula Jones, who had accused him of sexual harassment.
The court noted the actions alleged by Jones took place before Clinton took office and, as a result, he could not claim executive immunity, allowing the case to move forward. Clinton was later impeached after he made false claims during a deposition.
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So while the U.S. Constitution protects sitting presidents from criminal charges before impeachment, that 1997 ruling could have significant implications for Donald Trump's administration.
"Civil is a whole different ball game," Mallard said.
In the Trump University case, his now-defunct, for-profit real-estate education venture has been accused of scamming people out of tens of thousands of dollars without providing any meaningful training.
A class-action fraud lawsuit against the school is set to begin jury selection on Nov. 28, the Monday after Thanksgiving. Trump has been called by both sides to testify in the case.
A court appearance by a president-elect would be an incredibly compelling event and would take precious time away from Trump as he prepares to assume the presidency.
"It would be extraordinary political theater," Samuel Issacharoff, a professor at New York University School of Law told Patch. "It would be more than political theater. Donald Trump was elected president yesterday, and he has a very short window of time in which to get prepared to become president of the United States."
The Trump University trial will be presided over by U.S. District Judge Gonzalo P. Curiel, whose name was thrust into mainstream political discourse in June when Trump said Curiel wouldn't give him a fair trial because of his Mexican heritage.
“I’m building a wall. It’s an inherent conflict of interest," Trump said at the time, referring to his border wall with Mexico.
Curiel could allow Trump to avoid the court room if he thinks the deposition Trump has already given is sufficient, Issacharoff said, or if Trump's attorneys argue that his appearance would compromise his ability to serve as president.
The trial could also be delayed until Trump leaves office.
"I suspect that with the Trump University case, because it’s all teed up for trial and because the individual involvement will be limited, the court may allow it to go forward," Issacharoff told Patch. "But even that one is in jeopardy because of the demand of being president."
Then there's the litigation Trump may bring himself — or already has.
After audio emerged of Trump bragging in graphic terms about touching, kissing and grabbing women without consent, several women came forward to allege he had done just that.
In a speech in Gettysburg, Pennsylvania, Trump threatened to sue them all.
"Every woman lied when they came forward to hurt my campaign," Trump said. "Total fabrication. The events never happened. Never. All of these liars will be sued after the election is over."
A Trump spokeswoman did not return an email from Patch asking about his plans to sue these women now that the election is over.
"Most people would say, 'Look, I’ve won the election, let’s move on,'" Mallard said. "But I’m not sure he will."
Lawsuits Trump filed himself are already crawling through the courts.
In separate lawsuits, Trump sued two celebrity chefs — José Andres and Geoffrey Zakarian — after they backed out of deals to open restaurants in Trump's new Washington, D.C., hotel. They said Trump's comments calling undocumented immigrants "rapists" would make it nearly impossible for the restaurants to succeed.
In a deposition, Trump said his comments were distorted by the "very dishonest" media.
“I think, you know, most people think I’m right," Trump said.
The other pending cases documented by USA Today cover myriad issues — contractors who say they were stiffed, women who say they were fired after reporting sexual assault and golf club members who say they were cheated out of refunded dues.
And there could be more that stem from his campaign. A pollster, for instance, has said Trump still owes him more than $750,000.
Image via Gage Skidmore, Flickr, used under Creative Commons
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