Litigation Tracker: Pending Criminal and
Civil Cases Against Donald Trump
by Karl Mihm, Jacob
Apkon and Sruthi
Venkatachalam
July 6,
2021
Originally published on Feb. 28, 2021; updated
on July 6, 2021.
On both the criminal and civil litigation
fronts, former President Donald Trump faces a bevy of lawsuits and
investigations, with more cases likely to follow.
Some are civil suits stemming from his
pre-presidential business dealings. Others are defamation claims from women he
allegedly assaulted. More still are criminal probes and civil actions that
scrutinize his attempts to overturn the results of the 2020 election. The Chart
below tracks all these cases. It will be continually updated as major legal
developments occur.
These cases bear on two pressing questions.
First, will Trump maintain his long streak of eluding legal liability in the
face of so many lawsuits? Second, if Trump is held to account for illegal
conduct, what impact will such a development have on his—and his family’s—political
and business fortunes?
Criminal charges—one would think—would be
among the most damaging outcomes. After all, a criminal prosecution of a former
president would be a singular event in American history. No former president
has ever been indicted, much less convicted. Trump lost any
immunity from indictment that he may have possessed as president the moment he
left office on Jan. 20. To be sure, most of the criminal probes detailed below
are in their infancy, so the odds of an actual conviction at this time remain
improbable. Even so, the mere stigma of criminal charges against the former
president could reshape the American political landscape and the historical
understanding of Trump’s behavior.
The civil cases could certainly do their fair
share of damage as well, directly or indirectly. If Trump falters in one of his
business-related suits, his companies may be subject to massive penalties, or worse. Even apart from such sanctions,
his empire is reportedly struggling under looming debt
obligations and reduced revenues, a slump which could worsen if his reputation
continues to deteriorate.
With these legal threats bearing down on the
former president from nearly every direction, this tracker collects them in one
place. Note: we have chosen not to include various cases involving Trump’s
properties or the Trump Campaign —including slip-and-fall cases,
allegations of bedbugs, water use cases, telephone spam suits, copyright suits,
and discrimination suits—as they do not implicate Trump directly or it is very
unlikely that they will.
Below we’ve included key takeaways from each
case along with case charts that explain the case’s main issue, procedural
posture, and any upcoming deadlines. We will continue to update this
information as new filings are docketed, new details emerge, new plaintiffs
come forward or drop out, and other significant developments in the cases
occur. If you believe we are missing a significant issue or development, send
us a message at lte@justsecurity.org.
Key Takeaways
1. E. Jean Carroll Defamation and Federal Tort Claims Act
Litigation
Carroll is suing Trump for defamation after he
publicly accused her of fabricating a rape allegation against him. The parties
are currently involved in an appeal before the Second Circuit, where Trump (and
so far, the Justice Department as well) is arguing that he had official
immunity from Carroll’s defamation claim under the Federal Tort Claims Act
(FTCA).
2. Summer Zervos Defamation Suit
Summer Zervos, a former contestant on the
Apprentice, has filed a civil suit against former President Trump for
defamation after he claimed her allegations of his inappropriate sexual conduct
were lies designed to help the Clinton campaign and improve her fame. The case
is currently at the New York Court of Appeals, the highest New York state
court.
Update: On Mar. 30, the New York Court of Appeals denied Trump’s appeal on his motion to
dismiss the case. Trump originally filed the motion claiming that a state court
could not hear a suit against a sitting president. The court stated that issues
were now moot, and the case can now go forward.
3. Mary Trump Fraud Litigation
Mary Trump is suing Donald Trump for
defrauding her out of millions of dollars in an inheritance dispute. The suit
is pending in New York state court, where the parties are currently battling
over former President Trump’s move to dismiss the case.
4. Panama Hotel Fraud and Tax Litigation
Ithaca Capital is suing Trump’s hotel
management company for fraud in federal court. Primarily, Ithaca claims that
Trump representatives exaggerated the value of a Panama hotel during Ithaca’s
negotiations to purchase it.
5. Doe v. The Trump Corporation Class Action
A group of anonymous plaintiffs have filed a
class action against the Trump family and their business, alleging that the
Trumps used their brand to scam investors into paying for worthless business
opportunities. The district court denied the Trumps’ bid to force the case into
arbitration, and the Trumps are now appealing.
6. DC Civil Suit over Misuse of 2017 Inauguration Funds
In a non-criminal suit, the DC Attorney
General is suing several Trump-affiliated entities for misusing inauguration
funds to enrich Trump’s family business. The suit is currently in discovery
before DC’s local court, where the AG’s office is deposing key Trump
executives, notably including his children.
7. Bennie Thompson Incitement Suit for Jan. 6 Capitol
Attack
Congressman Bennie Thompson, represented by
the NAACP, is suing Trump, Rudy Giuliani, and two right wing militia groups for
conspiring to forcibly prevent Congress from counting the Electoral College
votes on Jan. 6. The district court is currently waiting for Trump and his
co-defendants to respond to Thompson’s complaint.
8. Eric Swalwell Incitement Suit for Jan. 6 Riots
On Mar. 5, 2021, Representative Eric Swalwell
sued Donald Trump, Rudy Giuliani, Donald Trump Jr., and Congressman Mo Brooks
in federal court over the Jan. 6 riots. Swalwell alleges that the defendants
violated federal civil rights laws–including the Ku Klux Klan Act–when they
conspired to interfere with the Electoral College Count on Jan 6. Beyond that,
Swalwell also says the defendants should be held liable for negligently violating
DC criminal codes on incitement, encouraging the rioters’ violent conduct, and
intentionally inflicting emotional distress on members of Congress.
9. Capitol Police Suit for Jan. 6 Riots
Two Capitol Police officers–both on duty
during the Jan. 6 insurrection–sued Donald Trump for injuries they sustained
while protecting the Capitol. Both allege that the rioters physically attacked
them with fists, chemical spray, and other weapons. They allege that the former
president, by his incendiary words and conduct, directed the physical attack
and emotional distress.
10. NAACP’s Legal Defense Fund Voting Rights Case for
Post-Election Actions
The LDF is suing Trump, the Trump Campaign,
and the RNC for their efforts to overturn the 2020 election in violation of the
Voting Rights Act and the Ku Klux Klan Act. While the litigation is still at
its early stages, Trump faces damages and a declaratory judgment that he did
indeed violate these provisions of the law.
11. New York Attorney General’s Civil and Criminal
Investigations
Since Mar. 2019, New York Attorney General
Letitia James has been investigating allegations that the Trump Organization
altered property values to avoid tax liabilities. The investigation began after
Trump’s former attorney Michael Cohen provided congressional testimony that
Trump engaged in fraud. In Oct. 2020, James’s office deposed Eric Trump, and in
Jan. 2021 a state court judge ruled that Trump’s tax attorneys must turn over
thousands of documents.
Update: On May 18, 2021, a spokesperson for New York’s Attorney
General said, “We have informed the Trump Organization that our investigation
into the organization is no longer purely civil in nature. We are now
actively investigating the Trump Organizations in a criminal capacity, along
with the Manhattan DA.”
12. Criminal Investigations into Trump’s Finances
During his presidency, the Manhattan District
Attorney investigated Trump’s finances. Manhattan DA Cyrus Vance recently
gained access to Trump’s tax information in the course of a criminal
investigation into potential tax crimes, insurance fraud, and other financial
crimes under state law. Criminal charges have not been filed.
Update-1: New reporting on Mar. 1 revealed that Vance’s
investigation has focused on Trump Organization chief financial officer, Allen
Weisselberg, whose potential cooperation with prosecutors could be a
significant breakthrough in the investigation. On Mar. 31, the New York
Times reported that prosecutors have subpoenaed
Mr. Weisselberg’s personal bank records, and on Apr. 8, investigators
took possession of financial records from
Weisselberg’s daughter-in-law.
Update-2: New reporting on Mar. 8 revealed that Vance’s
probe has expanded to include an investigation of a loan the Trump Organization
received to build its Chicago tower, and whether the forgiveness of that loan
was reported as income.
Update-3: Vance has convened a special grand jury that is “expected
to decide whether to indict former president Donald Trump, other executives at
his company or the business itself should prosecutors present the panel with
criminal charges,” the Washington Post reported on May 25, 2021. “The move
indicates that District Attorney Cyrus R. Vance Jr.’s investigation of the
former president and his business has reached an advanced stage …. It suggests,
too, that Vance believes he has found evidence of a crime — if not by Trump
then by someone potentially close to him or by his company.”
Update-4: On Jun. 4, ABC News and the New York Times report that Trump
Organization senior vice president and controller, Jeff McConney is among a
number of witnesses to have already appeared before the special grand jury. He
is reportedly the first employee of the company called to testify.
Update-5: The DA charged the Trump Organization and its chief financial
officer Weisselberg on Thursday, July 1 for an alleged 15-year-long tax fraud
scheme. The indictment includes reference to an
“unindicted coconspirator,” who is Jeff McConney, the Trump Organization’s
controller, a person familiar with the investigation told CNN.
13. DC AG Incitement Criminal Investigation
The DC Attorney General, Karl Racine, has
announced a criminal investigation into Trump’s alleged role in provoking the
Jan. 6th riots. No charges have been filed, though Racine’s office is
reportedly looking into a local DC code that makes it a misdemeanor to incite
violence.
14. Fulton County, Georgia Criminal Election Influence
Investigation
The Fulton County DA’s Office has opened a
criminal investigation into attempted election interference by Trump. The DA’s
Office has requested that all official and unofficial emails concerning the
election be preserved and has reportedly also planned to look into a call
between Senator Lindsey Graham (R-SC) and Secretary of State Brad Raffensperger
as part of the investigation as well as Rudy Giuliani’s potential false
statements to Georgia officials.
Update-1: Officials are reportedly expected to seek a grand jury
subpoena the week of March 1, 2021 for documents and witnesses connected to the
investigation.
Update-2: On Mar. 11, a recording of a call between then-President Trump
and the chief investigator of the Georgia Secretary of State’s office, Frances
Watson, was released by the Wall Street Journal. On
the call, Trump urged Watson to look for fraud in mail-in ballots. The Fulton
County DA’s Office has said that they will request a copy of the
phone call.
Update-3: As of Mar. 28, there are reportedly two grand juries considering subpoenas for documents
relevant to the investigation.
