Lawyers representing former President Donald J. Trump have requested a judge to temporarily halt a group of civil lawsuits aimed at holding him responsible for the events at the Capitol on Jan. 6, 2021, until after his federal criminal trial related to the same incidents concludes.
This request by Trump’s legal team to pause the civil cases is just one of the ways in which he is trying to use his multiple legal issues against each other in an attempt to delay them. Over the past few weeks, the former president and his lawyers have been successful in creating difficulties in each of the four criminal cases he is facing, often by convincing judges that the timing of the various proceedings conflicted with one another.
In their plea for a pause in the civil cases, Trump’s lawyers informed Judge Amit P. Mehta, who is presiding over the cases, that it would be unjust for the former president to have to defend himself against the lawsuits at this juncture. They argued that doing so may disclose his defense strategy for the related criminal charges lodged against him by special counsel Jack Smith.
“Given the significant overlap in factual and legal claims between these cases and the D.C. criminal case,” the lawyers stated, there is “a substantial risk that proceeding in this matter now will expose the defense’s theory to the prosecution in advance of trial.”
The lawyers further stated, “This would prejudice President Trump’s ability to effectively defend himself in both these civil cases and the special counsel criminal matter.”
In the aftermath of Jan. 6, several lawsuits were filed against Trump by members of Congress and Capitol police officers who were present that day, accusing him of instigating the mob violence. These lawsuits, all pending in Federal District Court in Washington, seek unspecified financial damages from Trump.
Initially, the former president tried to defend himself by asserting immunity from the accusations as they stemmed from official acts he took while in office. However, a federal appeals court ruled in December that the cases could proceed, but tasked Judge Mehta with determining whether Trump’s incendiary speech on Jan. 6 should be categorized as an official act or part of his re-election campaign.
The fact-finding process yet to begin prompted Trump’s legal team to seek the pause. They explained that any information provided about the nature of his speech or other remarks related to Jan. 6 could be used against him in the criminal case.
If Judge Mehta grants the pause in the civil cases, it remains uncertain when they may resume. The criminal case has also been on hold for months as various courts examine a similar immunity defense raised by Trump, with the Supreme Court set to hear arguments on April 25.
If the justices swiftly issue a decision — and assuming they reject the immunity claim, as many legal experts anticipate — Trump’s Jan. 6 criminal trial could commence in September. However, if they take their time in rendering a verdict, the trial might be postponed until after the November election.