Many of Trump's civil cases won't stop just because he's president. Here's what you need to know

Washington CNN —

Even if Donald Trump returns to the White House with complete immunity from criminal prosecution, that won't necessarily keep him out of the courtroom or safe from any testimony under oath.

Nearly a dozen civil lawsuits in federal court have Trump as a defendant. The lawsuits include a case defaming the Central Park Five, eight lawsuits over Trump's role in the January 6, 2021 attack on the U.S. Capitol, and two cases related to the expulsion of racial justice protesters from the park at the exterior of the White House in June 2020. are likely to weigh on his presidency.

And the president-elect's legendary legal streak continues this week, with the recently filed lawsuit against the Des Moines Register and a pollster who predicted he would lose Iowa, which he didn't. This is in addition to other ongoing lawsuits he has filed against the media, and he has threatened more.

If any of the lawsuits proceed to trial, Trump could be forced to disclose private communications during the evidence-gathering phase or sit for videotaped depositions. The depositions, because they are under oath, still carry some legal exposure and could worsen Trump's political problems in coming years, as they have between his terms as president.

I think when he's forced to sit and follow the rules and listen to questions and answer them, he has a hard time doing it. When you're the deponent, you don't control the room, Brigida Benitez, a lawyer who previously impeached Trump two weeks before his inauguration in 2017, said in an interview. She represented chef Jose Andres, who was sued by Trump after walking away from a restaurant deal at Trump's former hotel in Washington, DC.

What Trump said in that deposition is still private and the matter is closed.

It is unclear when Trump will be sworn in again. Trump's legal exposure in the ongoing lawsuits could be minimal for several months or even years.

Earlier this week, Trump narrowly avoided testifying in a lawsuit in which he sued ABC News. The case was settled days before he and anchor George Stephanopoulos sat for depositions, with ABC News agreeing to give $15 million to Trump's future presidential foundation and museum and $1 million for his legal fees. in order to put an end to the matter. This is a rare victory for Trump in the cases he has brought.

First Amendment experts and other lawyers have widely criticized Trump's lawsuits against the media, saying many of them are unlikely to succeed legally.

But Trump's lawsuits pose little immediate legal risk to him, Ty Cobb, who defended Trump for president during his first term and now criticizes him, told CNN.

It's like playing in the sandbox for him, Cobb said of the litigation against the media, adding that any potentially embarrassing revelations during a civil deposition probably wouldn't pose a political risk.

He seems to be immune to embarrassment, Cobb said.

Jesse Binnall, Trump's lead lawyer in several of his civil cases, did not respond to a CNN request for this story.

Trump continues to file two lawsuits in federal court against CBS News for deception and against book publisher Simon & Shuster over the release of 19 recorded interviews by journalist Bob Woodward for his book Rage.

Backed by the ABC settlement, Trump's lawyers tried to move the Simon & Shuster lawsuit in court this week quickly toward gathering evidence, but the judge said they must wait for a ruling on a set of arguments different legalities.

“We are confident that the Court can accommodate a discovery process that will cause minimal interference with the President's obligations,” Trump's lawyers wrote last month to the judge in the Simon & Shuster case, referring to the evidence gathering that could take place if the case is not dismissed. .

The trials in which Trump is accused in federal court also continue. They are likely to move slowly as the courts unravel the law around the presidency and other legal issues. As a general rule, the courts ensure that litigation does not add to the workload of the sitting president.

The standard in the courts, set in Bill Clinton v. Paula Jones by the Supreme Court in 1997, is that sitting presidents do not enjoy immunity from civil suits. Yet the case also concluded that when a sitting president is impeached in a trial, the testimony should not be too disruptive to the president's job running the country.

The January 6 trials, in which eight different individuals or groups seek to hold Trump responsible for injuries suffered during the attack on the Capitol, are still in a phase where Trump has provided written answers to only a few dozen questions .

A federal judge in Washington, Amit Mehta, will likely decide this year whether Trump will receive immunity for his actions on January 6.

(The issue of immunity in the Jan. 6 trials is different from the situation the Supreme Court decided last summer, granting Trump presidential immunity, as a criminal defendant, for his official actions during Justice Department prosecutors dropped criminal charges against Trump as well as the criminal case against him for his handling of classified documents.)

One of the lawyers suing Trump over Jan. 6, in an interview with CNN, said there could be years of litigation before the case considers whether Trump should testify under oath.

I couldn't even begin to tell you if this will be necessary. We have in no way decided whether to accept President Trump's deposition, said Joe Sellers, who represents Democratic House members in the Jan. 6 trials.

Lawsuits over the killing of racial justice protesters in Lafayette Park in 2020 also attempted to hold Trump responsible, but the Justice Department argued in court this year that Trump should be given protection for which he did by cleaning the park and then walking through it. this for a photo shoot. The DOJ says these actions took place while Trump was head of the federal government, so the government should be able to replace him as a defendant, thereby ending the plaintiffs' claims against Trump himself.

Federal Judge Dabney Friedrich in Washington, a Trump appointee, is now poised to decide whether the DOJ can take Trump's place in the case.

Regardless, Lee Crain, the attorney for some of the plaintiffs injured at Lafayette Park, said Trump may end up answering questions under oath in the trial while he is president.

In the next four years, I don't think this business will go away. Whether he's a defendant or a witness, what he has to say about it will be relevant to this case, Crain told CNN.

In the four years that Trump left office and returned to campaigning, he testified under oath in lawsuits multiple times. These include in response to columnist E. Jean Carroll's abuse and defamation claims against him, where litigator Roberta Kaplan questioned him under oath at Mar-a-Lago.

Juries ultimately ruled in Carroll's favor, awarding him $88 million in two separate cases.

During the Carroll trials, video clips of his testimony were played in the federal courtroom for the jury.

The Carroll affair has fueled political attacks against Trump, notably when Trump said in a now-public deposition video that he had confused a photo of Carroll with his ex-wife Marla Maples, while at the same time trying to say that Carroll wasn't his type.

In another case, still partially ongoing, Trump testified as a witness about the firing of two FBI employees he spent years publicly attacking, Peter Strzok and Lisa Page.

A federal judge in Washington, Amy Berman Jackson, strictly regulated how Trump would be forced to answer questions in the case, saying last year that he must sit for a deposition of no more than two hours.

At the time, the judge noted that Trump would not be overly burdened with testifying, noting that the former president's schedule appeared to be able to accommodate other civil litigation he had filed.

This testimony is always confidential. Strzok and Page settled with the Justice Department over allegations of privacy violations, although the DOJ still disagrees with Strzok over his termination.

In the Strzok case, the Justice Department attempted to argue in an unusual appeal against a deposition of Trump as a former president that even in a Biden-led administration, the executive branch would marshal important legal arguments to protect Trump's job while the president faced civil scrutiny. case.

The Trump Justice Department will likely take the same stance, if not more forcefully, to protect Trump while he is in the White House.

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