sometimes i find it difficult to keep track of all the criminal and civil litigation against trump. here is a handy guide:
Key Takeaways1. 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 Oct. 4, 2021, the trial court ruled that Trump could be deposed before Dec. 23, 2021.
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.
Update: On Sept. 21, 2021, Donald Trump filed a related lawsuit against Mary Trump, the New York Times, and several of its reporters.
4. Panama Hotel Fraud and Tax Litigation (CLOSED)
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.
Update: On Sept. 15, 2021, the parties agreed to end the lawsuit.
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. Reps. Karen Bass et al. Incitement Suit for Jan. 6 Capitol Attack
Ten members of the House of Representatives, represented by the NAACP, are 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.
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. Second Capitol Police Suit for Jan. 6 Riots
A second group of Capitol Police officers filed suit against Trump, the Proud Boys, the Oath Keepers, and other affiliates involved in allegedly planning and executing the Jan. 6 riots. The seven officers claim that they were physically and emotionally injured by attackers that Trump instigated, and that Trump and his co-defendants conspired to disrupt congressional business in the certification of electoral votes.
11. 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.
12. New York Attorney General’s Civil and Criminal Investigations
Since March 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 October 2020, James’s office deposed Eric Trump, and in January 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.”
13. Scotland Unexplained Wealth Orders
In February 2021, the Scottish Parliament voted to reject an investigation into unexplained cash transactions executed by the Trump Organization’s Scottish golf courses. A non-profit group is now challenging that decision in Scottish court.
14. Trump Tower Assault Suit
A group of six protesters are suing Trump over allegations that Trump’s security guards assaulted them outside Trump Tower in 2015. The case is pending in New York state court. On Oct. 18, 2021, former President Trump sat for a four-hour deposition to answer questions about the incident.
15. 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.
16. 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.
17. 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.
18. Westchester, New York Criminal Investigation of Trump Organization Gulf Course
The Westchester District Attorney’s Office reportedly launched an investigation which probes, at least in part, whether the Trump Organization misled local officials on the property values of its golf course in order to reduce its taxes.