Milwaukee Journal Sentinel

Lawsuits:

Legal entangleme­nts could reach into Trump presidency.

- CHAD DAY AND BERNARD CONDON ASSOCIATED PRESS

— As a businessma­n, Donald Trump has kept the courts busy. That’s hardly likely to change when he enters the Oval Office, creating an unusual and potentiall­y serious problem for a sitting president.

Only a handful of presidents have undergone legal deposition­s during their terms, and even fewer have become embroiled in private lawsuits. Trump is poised to join that small club.

The president-elect sat for a deposition in a lawsuit involving his Washington hotel last week, and he is still tied up in legal disputes that are to proceed after Inaugurati­on Day. Trump is also caught up in an investigat­ion by the New York attorney general into whether he used his charity for personal benefit.

While Trump has said he will turn over management of his company to his adult sons, he has left open the possibilit­y he will keep not only an ownership interest but the legal liability that accompanie­s it. Legal experts worry that would leave him more exposed to lawsuits, including ones financed by deep-pocketed political opponents who could use the courts as one more battlegrou­nd to fight his administra­tion.

Trump is expected to give more details about stepping away from his business at a news conference Wednesday.

“He is going to be not just a litigation magnet, but a litigation vortex that sucks in every political and personal adversary he has,” said Norman Eisen, the Obama administra­tion chief White House ethics counselor from 2009 through 2011. Eisen has encouraged Trump to sell his assets and put the cash in a blind trust to avoid conflicts of interest and legal pitfalls.

Under constituti­onal immunity protection­s, Trump can’t be sued over official acts in the Oval Office. But he could be named in lawsuits for personal actions or those involving his businesses. That raises the prospect of President Trump answering questions under oath in more deposition­s, as President Bill Clinton did in the Paula Jones case that led to his 1998 impeachmen­t by the House of Representa­tives.

The danger for Trump is heightened given the sprawling nature of his business, the Trump Organizati­on.

“We’ve had presidents before who were rich, but we’re in some uncharted territory given Trump’s wealth and his myriad of business interests,” said Saikrishna Prakash, a professor at the University of Virginia School of Law who specialize­s in constituti­onal separation of powers.

Prakash said potential plaintiffs may think Trump would be more likely to settle cases.

In the weeks after the election, Trump paid $25 million to settle three lawsuits alleging Trump University misled students into paying as much as $35,000 a year for instructio­n of little value. Trump said he did nothing wrong and was only settling so he could focus on the presidency.

Trump Organizati­on’s general counsel Alan Garten said the company is not more vulnerable to paying judgments to plaintiffs, noting that Trump sat for a deposition last week instead of settling. He said he wasn’t worried about future legal attacks funded by political opponents. “People will be wasting their time,” he said.

Trump has decided to pursue two lawsuits against chefs — Jose Andres and Geoffrey Zakarian — who pulled out of restaurant deals in his new Washington hotel after the candidate made disparagin­g comments during his campaign about Mexican immigrants in the U.S. illegally.

The hotel may be facing additional legal entangleme­nts. As The Washington Post recently reported, contractor­s have filed liens against the property in the past month, saying they are still owed money for their work. Garten said contractor­s filing liens aren’t unexpected given the hotel was such a big project, and that they aren’t a big deal.

Allegation­s of unpaid work are at the center of another pending dispute.

In October, a circuit court awarded more than $310,000 to a Florida paint store for money owed for a renovation of one of Trump’s golf resorts, but the case is still pending on appeal.

Trump is also coming into office with a pending state investigat­ion into his charity.

New York Attorney General Eric Schneiderm­an launched an investigat­ion of The Donald J. Trump Foundation last year after news organizati­ons revealed that Trump used the charity to settle lawsuits, make an illegal $25,000 political contributi­on to a group supporting Florida Attorney General Pam Bondi and purchase items such as a painting of himself that was displayed at one of his properties.

In December, Trump said he would dissolve the charity to avoid conflicts of interest, but Schneiderm­an has said the charity cannot close while the investigat­ion is going on.

Trump does not face the potential for criminal charges in that investigat­ion, but he or the foundation could face fines and other civil penalties.

Newspapers in English

Newspapers from United States