WASHINGTON — Attorneys for Donald Trump asked a judge Tuesday evening to stay proceedings in various civil cases that seek to hold the former president liable for damages stemming from the Jan. 6 riot, once again seeking to stave off the legal consequences of his actions in the aftermath of his 2020 election loss as he runs for the White House again.
The motion was filed in connection with a lawsuit filed by Democratic members of Congress. Trump's attorneys asked the judge for a stay in the case, citing the pending criminal case against Trump in Washington in connection with his efforts to overturn the 2020 election results. The Supreme Court next month will hear oral arguments on Trump's claims of "absolute immunity," which could determine whether that criminal prosecution, brought by special counsel Jack Smith, can move forward.
“President Trump should not be forced to waive any of his constitutional rights in this matter, nor prematurely telegraph his criminal defense strategies prior to the completion of the criminal proceedings,” lawyer David Washington wrote. “The only way to adequately protect against this prejudice to his legal position is to stay these proceedings with respect to President Trump until the Special Counsel’s D.C. case is resolved, as is the common practice for other defendants facing similar circumstances.”
Warrington noted that stays are routinely granted in civil cases in which the defendant faces criminal prosecution over the same conduct.
One such case involves two of Trump's fellow Jan. 6 criminal defendants, Taylor Taranto and David Walls-Kaufman, who were sued by the widow of Washington Police Officer Jeffrey Smith, who died by suicide after the Jan. 6 attack. That lawsuit was put on hold while Walls-Kaufman faced criminal charges; he admitted he “scuffled” with officers inside the Capitol and was sentenced to 60 days of incarceration last June. Taranto also faces criminal charges. In addition to his alleged actions on Jan. 6, Taranto was arrested outside Barack Obama’s Washington home with guns and ammunition in of his vehicle.
If Trump's request for a stay is granted, he would not be required to participate in any of the civil cases until the special counsel’s prosecution is resolved. He's also being sued by officers with the U.S. Capitol Police and the Washington Metropolitan Police.
If Trump is elected president, he would most likely be immune from civil Jan. 6 lawsuits, meaning the civil cases could be halted. Before it reversed course last year, the Justice Department had held the position that Trump was protected from a civil lawsuit filed by E. Jean Carroll, who ultimately won a $83 million defamation judgment against him in January.
