Among the many Trump lawsuits, the most problematic could be the Trump University cases.
Former students from across the country have sued in two class actions, accusing the school of charging them up to $35,000 and lying about the value of the lessons they would receive.
New York Attorney General Eric Schneiderman sued in 2013 and has since described Trump University as a “fraud” and a “scam.”
While the open cases are civil, some legal scholars raise the prospect that a court could ultimately find Trump University or even Trump personally liable for fraud. In the worst case, a finding that fraud took place — even by a civil court — could provide Congress with the grounds to consider impeachment proceedings.
“These claims are different in an important way than most of his other cases,” said Christopher Peterson, a law professor at the University of Utah who’s researched the Trump University cases. Even though the burden of proof would be lower in civil court to prove Trump liable for fraud or racketeering, Peterson said, “The evidence that you would use to prove those claims would be interchangeable. It’s the same kind of claims that you would get the mob for in a concrete scam.”
At a minimum, if the cases go forward, additional testimony by instructors and students about predatory sales tactics would become public.
Trump’s already been deposed about the university. He downplayed his role, but could be called to testify at a trial.
If that happens, Trump would become the first modern sitting president to do so in open court. Bill Clinton gave testimony to a grand jury investigating the Monica Lewinsky scandal in 1998.
For years Trump’s legal team has successfully kept secret much of the financial information disclosed in his court cases.
The vast majority of settlement payments Trump has made to litigants is secret under non-disclosure agreements.
Trump’s attorneys also regularly ask judges to seal records that come out during the cases, something that is often done for plaintiffs and defendants in civil cases.
If Trump is elected President, the already immense pressure to release records could escalate even further.
“You don’t know what you don’t know,” said Katie Townsend, litigation director for the Reporters Committee for Freedom of the Press, a plaintiff seeking to liberate some of the sealed records. “Either way these documents would be newsworthy, before or after the election.”
Already Trump’s candidacy has prompted court battles to get records in his cases unsealed.
In September, a judge ruled against USA TODAY and The New York Times in an attempt to unseal court files from Trump’s 1990 divorce from his first wife, Ivana.
District Court Judge Gonzalo Curiel ruled over the summer to keep private the video recording of depositions in the Trump University cases, partly for fear they would add to the political tint of the case and since transcripts are already available.
But in September, Trump attorneys lost battles to keep videotapes sealed in cases involving his Washington hotel and Jupiter, Fla., golf club.
And a group of journalists are battling to unseal the settlement in a 1983 case tied to the destruction of Bonwit Tower in midtown Manhattan to make way for Trump Tower. The suit alleged undocumented Polish workers performed the work off-the-books. The settlement is still secret. A judge ruled against unsealing those records this summer, but the journalist group is appealing.
Source: www.cnbc.com
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