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		<title>Trump seeks presidential immunity from any civil lawsuit filed against him in state court</title>
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		<pubDate>Mon, 27 Jan 2025 22:37:51 +0000</pubDate>
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					<description><![CDATA[In a case that sits squarely at the intersection of his business and political interests, President Donald Trump is trying to stop a civil lawsuit against his multibillion-dollar social media company by arguing that he should be immune from civil litigation filed in state court while he serves as president. Trump and his co-defendants &#8212; [&#8230;]]]></description>
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<p class="EkqkG IGXmU nlgHS yuUao MvWXB TjIXL aGjvy ebVHC ">In a case that sits squarely at the intersection of his business and political interests, President <a class="zZygg UbGlr iFzkS qdXbA WCDhQ DbOXS tqUtK GpWVU iJYzE " data-testid="prism-linkbase" href="https://abcnews.go.com/alerts/donald-trump" target="_blank">Donald Trump</a> is trying to stop a civil lawsuit against his multibillion-dollar social media company by arguing that he should be immune from civil litigation filed in state court while he serves as president.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">Trump and his co-defendants &#8212; including FBI director nominee Kash Patel and White House Deputy Chief of Staff Dan Scavino &#8212; asked a Delaware judge to either issue a four-year delay of the case or dismiss a lawsuit filed by Trump Media <!-- -->&amp; Technology Group co-founders Andy Litinsky and Wes Moss, who alleged that Trump and company executives orchestrated a scheme to prevent them from <a class="zZygg UbGlr iFzkS qdXbA WCDhQ DbOXS tqUtK GpWVU iJYzE " data-testid="prism-linkbase" href="https://abcnews.go.com/US/truth-social-cofounders-sell-100-million-shares-company/story?id=114289543" target="_blank">getting their full stake</a> in the company after it went public.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">Facing an &#8220;unprecedented&#8221; number of civil lawsuits, Trump argued that having to fend off the litigation would be a &#8220;distraction&#8221; from his presidential duties and &#8220;interfere substantially&#8221; with the function of the executive branch.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">&#8220;Without the protections of temporary Presidential immunity, the President will be forced to defend against these cases &#8212; and the many more that are sure to arise during his second term &#8212; all to the detriment of his office and the American people he serves,&#8221; attorneys John Reed and Theodore Kittila wrote in a filing on Friday in Delaware Chancery Court.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">In December, Delaware Chancery Court Judge Morgan Zurn agreed to temporarily pause the claim so Trump could make his immunity argument, though she noted that Trump &#8220;is not presently deemed to be immune&#8221; from the civil case. Lawyers for Trump Media and the president asked the court to establish a &#8220;brightline deferral rule&#8221; to delay any civil litigation Trump faces in state court by four years.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">&#8220;State courts across the country are being called upon to sit in judgment of the sitting President, to tax his time, and to second-guess his priorities. That state of affairs &#8212; President Jefferson&#8217;s nightmare &#8212; dishonors the Presidency and debases the state courts that purport to control his actions,&#8221; the filing said.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">During his first term in office, Trump was sued at least 10 times, and he returned to the presidency with at least 14 lawsuits pending, including multiple suits related to his social media company. Trump placed his <a class="zZygg UbGlr iFzkS qdXbA WCDhQ DbOXS tqUtK GpWVU iJYzE " data-testid="prism-linkbase" href="https://abcnews.go.com/Business/shares-trumps-social-media-company-spike-after-president/story?id=115654410" target="_blank">stake in the company</a> &#8212; 14,750,000 shares worth more than $3 billion &#8212; into a trust controlled by his sons before entering office this month.</p>
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<div class="FvQLF iLTd NqeUA UzzHi iWsMV "><picture class="lazyload"><source media="(max-width: 414px)" data-srcset="https://i.abcnewsfe.com/a/d5ecbdc6-b6db-4a52-89f5-4513ba3fdd64/trump-low-angle-gty-jt-250115_1736986307460_hpMain.jpg?w=375, https://i.abcnewsfe.com/a/d5ecbdc6-b6db-4a52-89f5-4513ba3fdd64/trump-low-angle-gty-jt-250115_1736986307460_hpMain.jpg?w=750 2x"><source media="(min-width: 415px)" data-srcset="https://i.abcnewsfe.com/a/d5ecbdc6-b6db-4a52-89f5-4513ba3fdd64/trump-low-angle-gty-jt-250115_1736986307460_hpMain.jpg?w=750, https://i.abcnewsfe.com/a/d5ecbdc6-b6db-4a52-89f5-4513ba3fdd64/trump-low-angle-gty-jt-250115_1736986307460_hpMain.jpg?w=1500 2x"></picture></div>
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<div class="nMMea bNYiy Mjgpa dGwha DDmxa jgKNG RGHCC aBIU PriDW lZur " data-testid="prism-caption">
<p><span class="hsDdd OOSI GpQCA lZur VlFaz " data-testid="prism-truncate"><span><span class="gtOSm FbbUW tUtYa vOCwz EQwFq yCufu eEak Qmvg nyTIa SRXVc vzLa jgBfc WXDas CiUCW kqbG zrdEG txGfn ygKVe BbezD UOtxr CVfpq xijV soGRS XgdC sEIlf daWqJ ">In this Oct. 11, 2024, file photo, Republican presidential nominee, former President Donald Trump, greets supporters during a campaign rally at the Grand Sierra Resort in Reno, Nevada.</span></span></span></p>
<p><span class="gtOSm FbbUW tUtYa vOCwz EQwFq yCufu eEak Qmvg nyTIa SRXVc vzLa jgBfc WXDas CiUCW kqbG zrdEG txGfn ygKVe BbezD UOtxr CVfpq xijV soGRS XgdC sEIlf daWqJ YNujN JGtjI aZFDu rkKLh ">Justin Sullivan/Getty Images, FILE</span></p>
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<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">If successful, Trump&#8217;s claim of &#8220;temporary presidential immunity&#8221; could provide the president an additional layer of legal protection, having already entered office with newly broadened presidential power and protection from criminal liability following the <a class="zZygg UbGlr iFzkS qdXbA WCDhQ DbOXS tqUtK GpWVU iJYzE " data-testid="prism-linkbase" href="https://abcnews.go.com/Politics/supreme-court-rules-trump-absolute-immunity-criminal-prosecution/story?id=109803999" target="_blank">Supreme Court&#8217;s ruling</a> last year on presidential immunity.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">Defense lawyers, in Friday&#8217;s filing, claimed without evidence that Trump&#8217;s &#8220;billionaire adversaries&#8221; are funding a wave of litigation &#8220;to destroy the president.&#8221;</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">&#8220;The President has already been sued more than all his predecessors combined, yet his rivals promise that there is still more to come,&#8221; the lawsuit said. &#8220;That swell of litigation will pose an even greater threat to the operations of the Executive Branch and the standing of state courts that purport to sit in judgment of his conduct.&#8221;</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">While the Supreme Court established in Clinton v. Jones that a president does not have immunity from civil lawsuits related to personal conduct, lawyers for Trump Media argued that the decision only applies to cases in federal court. Though the Trump Media lawsuit does not center on official acts, Trump argued that the burden of defending himself would intrude on his official duties, citing an example of how President Bill Clinton consulted his personal attorney three times on the same day he was deliberating whether to go to war with Iraq.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">&#8220;With the benefits of hindsight and lived experience, it now is clear that state civil litigation against the President causes real &#8216;diversion&#8217; and &#8216;harassment&#8217; of the Presidency, sufficient to interfere substantially with the operations of the Executive Branch,&#8221; the filing said.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">The defense lawyers claimed that the lawsuit would occupy Trump&#8217;s limited &#8220;energies and attention,&#8221; which is already strained by the demands of the presidency.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">&#8220;During his first term, President Trump &#8230; slept just four to five hours per night &#8212; because the burdens of the Presidency dwarfed even his responsibilities as a global business leader,&#8221; the filing said.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">In a separate filing on Friday, Trump&#8217;s personal lawyers told the U.S. District Court for the District of Columbia that the president should be immune from any civil claims related to the <a class="zZygg UbGlr iFzkS qdXbA WCDhQ DbOXS tqUtK GpWVU iJYzE " data-testid="prism-linkbase" href="https://abcnews.go.com/alerts/us-capitol-breach" target="_blank">Jan. 6 Capitol attack</a> because he was acting in his official capacity as president when he sought to challenge the results of the 2020 election.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">When reached for comment, regarding the Trump Media lawsuit, Richie Jones, an attorney for Moss and Litinsky, provided a quote by former President Theodore Roosevelt, saying it was &#8220;the best we can do in terms of comment.&#8221;</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC eTIW sUzSN ">&#8220;No man is above the law, and no man is below it. Nor do we ask any man&#8217;s permission when we require him to obey it,&#8221; Jones wrote.</p>
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