Donald Trump loves filing lawsuits in his personal capacity, but what he loves even more is manipulating those lawsuits by invoking his role as president. You see, he’s a very special boy who can sue whomever he wants, but he’s also very busy as president, so anyone he sues has to let him do whatever he wants. Sweet setup!
Four years ago, Trump sued Mary Trump, his niece, demanding $100 million for what he alleges was an “insidious plot” against him by providing The New York Times with his tax records. The Times’ piece revealed the truly legendary amount of tax dodges Trump has used over the years. According to Trump, Mary breached a confidentiality agreement reached as part of a settlement over her grandfather’s estate.
Trump already tried this same theory when he sued Mary Trump to stop her from publishing her book “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man.” It didn’t work then, but we don’t know if it will work now, because Trump won’t agree to schedule a deposition.
This is Trump’s lawsuit, which makes it absurd that he won’t be deposed. Deposing the plaintiff is a critical step in a lawsuit since otherwise the defendant is in the dark about the plaintiff’s claims. But you have to understand that Trump can’t possibly clear his presidential schedule to pursue his personal vengeance lawsuit. Mary Trump has made at least five requests in the last 10 weeks to have Trump sit for his deposition, which has to happen before the discovery period ends on Oct. 10.
Trump’s attorney insists that “President Trump has not refused to appear for a deposition,” but Mary Trump needs to work around his “unique and pressing obligations” as president.
This is a standard move for Trump. Yes, he brought this suit in his personal capacity, but he wants to be treated as the president for the duration. He does this often, and it’s genuinely problematic since he is essentially able to bring the full weight of his presidential power to bear whenever he feels like it.
An appellate court in Florida already blessed Trump’s desire to avoid dealing with his own lawsuits if he doesn’t feel like it. Apparently, it’s totally fine if Trump sues but then decides his job as president keeps him too busy that he can put the case on hold.
But the people Trump sues don’t get the same grace. Recently, Trump sued the Pulitzer Prize Board for awards it gave to media outlets for their coverage of Russian interference in the 2016 presidential election. In response, the board asked the court to put the case on hold until Trump is out of office, because litigating against the sitting president causes some problems. But the court said no. You know, because only Trump gets the privilege of delaying lawsuits. Even better, if Trump sues someone, he is “uniquely equipped to determine how to use his time” and can decide if the lawsuit “will divert him from his official business,” according to the court.
Mary Trump also tried to get her case stayed for the same reason, calling it an “unmistakable imbalance of power” to have to defend herself against the sitting president. The New York state judge told her no. Meanwhile, Trump gets to dodge his deposition, and Mary Trump just has to live with the lawsuit hanging over her head until Trump can get over his “unique and pressing obligations.”
As New York criminal defense attorney Ron Kuby explained to Courthouse News, Trump “doesn’t file these lawsuits to win them. … He files them, both as an individual and now as the head of the Justice Department, to wear down the opposition through attrition.” He has certainly succeeded in this approach with media companies, where he sues in his personal capacity but then uses the leverage of his presidency to force a settlement and a multimillion-dollar payout.
When it comes to litigation, Trump deliberately blurs the line between his personal role and his job as president. He shifts roles whenever it suits him, whenever it gives him an advantage.