Thursday, July 08, 2021

Litigation Tracker: Pending Criminal and Civil Cases Against Donald Trump

 

Litigation Tracker: Pending Criminal and Civil Cases Against Donald Trump

by Karl MihmJacob 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.