Arkansas Democrat-Gazette

Trump bid to pause Jan. 6 civil suits denied

- Informatio­n for this article was contribute­d by Alanna Durkin Richer and Philip Marcelo of The Associated Press.

WASHINGTON — Donald Trump lost a bid Thursday to pause a string of lawsuits accusing him of inciting the U.S. Capitol attack while the former president fights his 2020 election interferen­ce criminal case in Washington.

U.S. District Judge Amit Mehta in Washington denied defense lawyers’ request to put the civil cases seeking to hold Trump responsibl­e for the Jan. 6, 2021, riot on hold while the criminal case accusing him of conspiring to overturn his election defeat to President Joe Biden plays out.

The lawsuits brought by Democratic lawmakers and police officers who defended the Capitol on Jan. 6 seek civil damages for harm they say they suffered during the attack, which aimed to stop Congress’ certificat­ion of Biden’s victory.

Trump has claimed he can’t be sued over the riot that left dozens of police officers injured, arguing that his words during a rally before the storming of the Capitol addressed “matters of public concern” and fell within the scope of absolute presidenti­al immunity.

Washington’s federal appeals court ruled in December that the lawsuits can move forward, rejecting Trump’s sweeping claims that presidenti­al immunity shields him from liability. The court, however, said Trump can continue to fight, as the cases proceed, to try to prove that his actions were taken in his official capacity as president.

In court papers filed last month, Trump’s lawyers told the judge that “basic fairness to criminal defendants” warrants pausing the civil cases until after the 2020 election criminal case is resolved. They argued that allowing the lawsuits to proceed could force Trump to “prematurel­y telegraph” his defense strategies in the criminal case.

Mehta, who was appointed to the bench by former President Barack Obama, said the public has an interest in the prompt resolution of the civil lawsuits in addition to the criminal case. And the judge said “appropriat­e safeguards” can be put in place to allow for the lawsuits to advance without infringing on Trump’s Fifth Amendment right to avoid self-incriminat­ion.

The Supreme Court is set to hear arguments next week on Trump’s claim that he is immune from criminal prosecutio­n in the election interferen­ce case brought by special counsel Jack Smith. The ruling will determine whether Trump will have to stand trial in the case accusing him of a sprawling conspiracy to stay in power after Americans voted him out of office.

THREAT CASE

A New York man has pleaded guilty to sending death threats to the state attorney general and the Manhattan judge who presided over Trump’s civil fraud case, prosecutor­s said Thursday.

Tyler Vogel, 26, of Lancaster, admitted to one felony count of making a terroristi­c threat and one misdemeano­r count of making a threat of mass harm on Wednesday in state Supreme Court, according to Acting Erie County District Attorney Michael Keane’s office.

Vogel had sent text messages late last month threatenin­g New York Attorney General Letitia James and Judge Arthur Engoron with “death and physical harm” if they did not comply with his demands to “cease action” in the Trump case, according to a complaint filed in a court in Lancaster, a suburb east of Buffalo.

State police said in the complaint that Vogel used a paid online background website to obtain private informatio­n about James and Engoron and that this “confirmed intentions to follow through with the threats were his demands not met.”

Keane’s office said Thursday that Vogel, in entering the guilty plea, will be allowed to participat­e in interim probation and must comply with the mandates of state mental health court.

Once the court and probation requiremen­ts are completed, Vogel will be permitted to withdraw his plea to the felony charge and be sentenced on the misdemeano­r charge, according to Keane’s office.

He was released from custody and is due back in court April 23, but a temporary protection order issued on behalf of the two victims remains in effect, prosecutor­s said.

Vogel was initially charged with two felony counts of making a terroristi­c threat and two misdemeano­r counts of aggravated harassment and faced a maximum of seven years in prison if convicted, prosecutor­s said at the time.

His lawyer didn’t respond to an email seeking comment Thursday and a spokespers­on for James’ office declined to comment.

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