Trump’s post-presidency legal battles - How five cases may play out (summary)
This can only be simplistic (obviously … ;-))
As president of the United States, Donald Trump enjoyed unique protection from legal action, be it criminal or civil. Now, after losing the 2020 presidential election, Mr Trump will soon become a private citizen again. That means he will lose his presidential privileges, putting him in the crosshairs of litigators and prosecutors.
A wide-ranging criminal investigation in New York is the most serious legal concern for Mr Trump and his real-estate company, the Trump Organization. On top of that, there is an array of lawsuits ranging from allegations of fraud by a family member to sexual harassment by an advice columnist. A legal storm is brewing.
- The hush-money allegations
Playboy model Karen McDougal and adult film actress Stormy Daniels said they had had sexual relationships with Mr Trump and had received payments to keep them quiet ahead of the 2016 presidential election. Michael Cohen, Mr Trump’s former personal lawyer and “fixer” admitted arranging payments to the two women was sentenced to three years in jail in 2018.
Cohen alleged that Mr Trump had “directed” him to make the payments yet no charges were brought against the former president, mainly for lack of evidence and because it is against US government policy to indict a sitting president on federal criminal charges.
However, a second criminal investigation into the payments is still under way in New York. Manhattan District Attorney Cyrus Vance is examining whether the Trump Organization falsified business records related to the payoffs, a misdemeanour under New York law, punishable by a jail term of up to a year. Unfortunately, there is a two-year time limit for filing criminal charges for a misdemeanour in New York.
Alternatively, falsifying business records can be charged as a felony, punishable by tougher jail sentences, if it is done to conceal other crimes, such as tax fraud.
- The tax and bank fraud investigation
In 2019 Mr Vance issued a request for documents, known as a subpoena, demanding to see eight years of Trump’s tax returns, alleging possible insurance and bank fraud. Trump is expected to appeal against the demand to hand over his tax returns in the Supreme Court. If Mr Vance does obtain Mr Trump’s tax returns, a criminal case may or may not become evident.
- The real-estate fraud investigation
Since March 2019, New York Attorney General Letitia James has been leading a civil investigation into whether the Trump Organization committed real-estate fraud. In February 2019, Michael Cohen told Congress that Trump had inflated the value of his property assets to secure loans and understated them to reduce his taxes, gave Ms James grounds to seek information, via the courts, about Mr Trump’s property empire. In office, Mr Trump argued that he was too busy to deal with lawsuits. Now, Ms James can press Trump to sit for questioning under oath. Civil investigations like this can result in financial penalties. If evidence of wrongdoing is found then another criminal inquiry cannot be ruled out.
- The sexual misconduct lawsuits
Trump has been accused of sexual misconduct by multiple women whose allegations span decades. Mr Trump has denied all the allegations, dismissing them as “fake news”, political smears and conspiracies, vowing to sue them all but, as yet, has not done so. Instead, some of the accusers have sued Mr Trump. Two of those women have filed defamation lawsuits against Mr Trump for calling them liars.
E Jean Carroll, a long-time columnist for Elle magazine has accused Mr Trump of raping her in a dressing room at a luxury Manhattan department store in the 1990s. Mr Trump denies it and is contesting the defamation claim. On his behalf, the US Department of Justice weighed in and tried to replace Trump with the United States as a defendant in the case. A federal judge ruled against the department’s intervention, arguing “the allegations have no relationship to the official business of the United States”. The case can now proceed, allowing Ms Carroll’s lawyers to gather evidence, including Trump’s DNA.
A similar but separate defamation lawsuit filed by Summer Zervos, a former contestant on Mr Trump’s television show The Apprentice, may go the same way. Ms Zervos sued him for defamation in 2017. Trump tried to get the case dismissed during his presidency. His lawyers suggested that, as president, he should be immune to lawsuits in state courts. That argument completely evaporates on 20 January.
- The Mary Trump lawsuit
What we know: “Fraud was not just the family business - it was a way of life,” reads the first line of Mary Trump’s lawsuit against her uncle Donald. As an opening salvo, it could hardly be more contemptuous. It mirrors the animosity of Ms Trump’s newly released memoir, in which she chastises her uncle as a “narcissist” who threatens the life of every American.
Ms Trump’s lawsuit, filed in September accuses Mr Trump and two of his siblings of cheating her out of an inheritance while pressuring her to give up interests in the family business. Ms Trump inherited valuable interests in the family business when Fred Trump Jr - her father and the former president’s older brother - died in 1981 at 42. Ms Trump was 16 at the time. Trump is yet to reply to the lawsuit.
Besides the above, Trump may well attract even more civil/criminal charges when he’s out of office - no wonder that he’s become Grumpy Trump … 