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Trump may face lawsuits after restoring his common person status (Credit: Getty Images)
Trump enjoys judicial privileges due to his status as President of the United States and is immune from both criminal and civil cases. However, after the 2020 election is defeated, Trump will soon regain his status as a common person and by then may be involved in lawsuits.
Former US and New York State Attorney Alonso (Daniel R. Alonso) told the BBC: “Once I step down as president, there will be no umbrella of presidential power.”
There are already many trial lawyers and prosecutors watching and waiting for opportunities to sue Trump in court.
A series of criminal investigations in New York are the most serious court problems facing Trump and his real estate company, the Trump Organization.
In addition, Trump also faces other legal proceedings, including accusations of fraud against him by someone in the Trump family, and several women accusing him of sexual harassment.
Demand 1: audiovisual actress and silence fee
Adult film actress Stormy Daniels and playboy model Karen McDougal claimed to have sex with Trump and received a silence fee from Trump, asking them to do so during the 2016 presidential election.
This “secret money” scandal was “unstoppable” in 2018. Its revelations dropped shock bombs during the Trump presidency, lighting fuses for criminal investigations.
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Daniels claimed to have had sex with Trump in 2006
The focus of the investigation is whether it violates federal or national laws and the role played by Trump’s former personal attorney, Michael Cohen.
Cohen later admitted to handling the payments to the two women, which was found to violate laws related to campaign finance. In 2018, Cohen was sentenced to three years in prison.
Cohen claimed to have received instructions from Trump to pay, but Trump was not prosecuted, because first, federal prosecutors must obtain conclusive evidence that Trump instructed Cohen to pay; second, even if prosecutors have enough evidence, go ahead. According to US government policy, prosecutors cannot prosecute the current president on federal criminal charges.
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Playboy model McDougall claimed to have an affair with Trump and apologized to Mrs. Trump for it (Credit: Getty Images)
But the case is not over yet and a second criminal investigation is still ongoing regarding this payment.
The Manhattan, New York district attorney (Cyrus Vance) is investigating the Trump Organization for falsifying business records for payment, but it is unclear how the investigation is progressing.
Falsifying business records is a misdemeanor under the law. The maximum penalty is less than one year, and there is a two-year processing period. The payment has been over two years, so there is no possibility at this time.
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New York district attorney fans are investigating the Trump Organization
However, if the purpose of falsifying business records is to hide other crimes, such as tax fraud, then it is a serious crime.
If it is found to be a felony, the prosecution period will be longer and the sentence will be longer, but it is unclear whether the prosecutor will continue to follow this legal path.
Lawsuit 2: Taxation and Bank Fraud
Lawyers for the Trump Organization accused New York District Attorney Fans of the Trump investigation as a “political assassination.”
The fans asked the court to read Trump’s financial information, including tax returns for the past eight years. Trump tried to prevent the court from allowing the fan request and said it was “political harassment.”
In October of last year, the Federal Court rejected Trump’s request, which meant Fans was about to get Trump’s tax return.
But Trump is expected to appeal to the Supreme Court. If Fans finally get Trump’s tax returns over the past eight years, he may not necessarily initiate criminal proceedings against Trump, depending on whether there is sufficient evidence.
Lawsuit 3: Investigation of real estate fraud
New York State Attorney James (Letitia James) is like another thorn in Trump’s back. Since March 2019, he has been investigating whether the Trump Organization is involved in real estate fraud.
The cause of this investigation remains Trump’s former personal attorney, Cohen. In February 2019, Cohen told Congress that Trump had signed asset values to obtain loan funds, but falsely reported asset funds to reduce taxes.
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Trump’s former personal attorney testifies before Congress
James launched an investigation based on Cohen’s speech. Trump’s son and Trump Organization Vice President Eric Trump accused James of “political vendetta” but agreed to his request and attended in October last year. A hearing was held.
James needs more evidence to continue the investigation. Trump may refuse to attend James’s hearing due to his busy schedule during the presidency, but there is no reason to refuse to attend the hearing after he resigns as president. Trump can be like his son. The same to attend the hearing.
Similar civil investigations can eventually be fined, but if evidence of illegality is investigated, there may be follow-up criminal investigations.
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New York State Attorney James Summons Trump’s Son to Testify
Application 4: Allegations of political remuneration
The United States Constitution stipulates that all federal officials, including the president, must obtain the consent of Congress before they can accept any foreign interest or advantage.
There have been three different civil lawsuits accusing Trump of failing to obtain congressional consent, one of which involved a foreign official hosting a banquet at the Trump International Hotel in Washington, DC.
Trump scoffed at this, saying that other presidents also made foreign money during his tenure.
US Constitution expert Jonathan Turley said this old statute is unlikely to lead to criminal prosecution. After Trump resigns, the relevant cases will only have the value of constitutional academic discussion.
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The Trump International Hotel in Washington, DC is often the site of anti-Trump protests
Lawsuit Five: Allegations of Sexual Assault or Rape
Trump has been accused of sexual harassment by several women. The relevant accusations have occurred in recent decades. Trump has denied all the accusations as “fake news, political defamation and conspiracy theories.”
Many accusers demonstrated during Trump’s presidential campaign in 2016. Trump threatened to file a lawsuit against every accuser, but then nothing happened.
Instead, two of them filed a defamation lawsuit against Trump for calling them liars.
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Carol accused Trump of raping her in the 1990s
Elle fashion magazine columnist E Jean Carroll is one of them. She accused Trump of raping her in the dressing room of a luxury department store in Manhattan in the 1990s. Trump denied it.
Carol said Trump’s accusation against her indicated that it was impossible to rape her “because she is not the type that I like.” Carol filed a defamation lawsuit against Trump for an unknown amount, but demanded that Trump withdraw the relevant statement.
If the case continues, Carroll’s attorneys may request Trump’s DNA evidence to prove whether Carroll’s alleged rape allegations are true.
Lawsuit 6: accusations of the Trump family
In addition to the aforementioned accusations against Trump, he has also been accused by members of his family.
Trump’s niece, Mary Trump, said: “Fraud is not just a family business, but a way of life.”
Mary Trump recently published a memoir describing Trump as a “narcissist” who threatens the lives of all Americans.
His family broke the news that it contained very private content that ordinary outsiders would not know about, and also filed a lawsuit against Trump.
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Mary Trump publishes her memoirs and reveals the privacy of the Trump family
She accused Trump and two other uncles of misleading her about the inheritance and pressured her to give up equity in the family business.
Mary Trump’s father, Fred Trump Jr., was the older brother of Donald Trump. He died in 1981 at the age of 42. Mary Trump was only 16 years old.
She said that Trump and other brothers took over the family interest shares she inherited, but “They misled me. Not only did they fail to protect the interest shares that I deserved, they also devised a complicated plan to empty the money in my name. Cover up the fraud and trick me into inheriting the true value of the property. “
The claim in Mary Trump’s lawsuit is for at least $ 500,000.
Trump has yet to respond to the lawsuit. If the court requests to read documents or testify in court, Trump can no longer use the presidency as a ground for refusal.
