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Before Heading to Oval Office, Trump Could Head to Court

  • Reuters

FILE - Donald Trump listens as Michael Sexton introduces him to announce the establishment of Trump University at a press conference in New York, May 23, 2005. Sexton was a co-founder of the business education company.

FILE - Donald Trump listens as Michael Sexton introduces him to announce the establishment of Trump University at a press conference in New York, May 23, 2005. Sexton was a co-founder of the business education company.

Within a few weeks of winning the White House, President-elect Donald Trump could face another group of U.S. citizens — a federal jury in California, courtesy of a lawsuit by former students of his now-defunct Trump University who claim they were defrauded by a series of real estate seminars.

A hearing in federal court in San Diego is set for Thursday, and the trial is scheduled to begin November 28, barring any delays or a Trump decision to settle the case.

While presidents enjoy immunity from lawsuits arising from their official duties, the U.S. Supreme Court has held that this shield does not extend to acts alleged to have taken place prior to taking office. The 1997 ruling came in the sexual harassment lawsuit filed against President Bill Clinton by Paula Jones, which was settled before it went to trial.

Lawyers said they could think of no similar situation like the one now involving Trump.

"I'm certain there is nothing comparable to this," said Alan Dershowitz, professor emeritus at Harvard Law School.

Lawyers for both Trump and the plaintiffs declined to comment Wednesday.

Time for possible settlement

Dershowitz said the Supreme Court also held that a case cannot be delayed just because the defendant is president, though judges are still free to grant reasonable delays to any party.

FILE - This undated photo provided by the U.S. District Court shows Judge Gonzalo Curiel.

FILE - This undated photo provided by the U.S. District Court shows Judge Gonzalo Curiel.

Miami trial consultant Sandy Marks, who is not involved in the case, said he thought Trump might ask the presiding judge, Gonzalo Curiel, to postpone the trial in an effort to settle the case before taking office.

"I think the judge would be foolhardy not to give him a short [delay]," said Marks, "which would give him a chance to resolve the case with all these people and put it behind him."

Trump repeatedly claimed on the campaign trail that he would win the lawsuit, and he accused Curiel of being biased against him because of his campaign promise to build a wall along the border with Mexico. The judge was born in Indiana to Mexican parents.

At the hearing Thursday, lawyers will argue pre-trial motions, including one by Trump to block potential jurors from hearing comments made or publicized during the campaign, such as those about the judge. Lawyers for the students have argued the comments could help jurors assess Trump's credibility as a witness.

Trump is listed as defense witness in the case and could be called to testify by the plaintiffs as well. He was previously deposed by the students' lawyers.

Claims against Trump over the seminars date to 2010, with two class actions filed in federal court in San Diego and another case brought by New York Attorney General Eric Schneiderman on behalf of students who claimed they were misled into paying as much as $35,000 each to learn worthless real estate investing "secrets" from instructors "handpicked" by Trump.

Trump has admitted he did not handpick instructors, but has argued the claim was marketing language not meant to be taken literally. He claims most students were happy with their courses.

'Jury consultant's nightmare'

If the trial goes forward, several legal experts said it would be hard to seat an impartial jury, since so many people already have strong opinions about the president-elect.

FILE - New York City Council Speaker Melissa Mark-Viverito speaks at a news conference outside Trump Tower in New York, June 6, 2016. She was speaking out against Donald Trump's assertions that Judge Gonzalo Curiel couldn't be impartial in the lawsuits regarding Trump University because his parents were born in Mexico and Trump wants to build a wall along the border.

FILE - New York City Council Speaker Melissa Mark-Viverito speaks at a news conference outside Trump Tower in New York, June 6, 2016. She was speaking out against Donald Trump's assertions that Judge Gonzalo Curiel couldn't be impartial in the lawsuits regarding Trump University because his parents were born in Mexico and Trump wants to build a wall along the border.

Parties often hire specialized jury consultants to pick jurors, but New York lawyer Robert Anello said they were not infallible. "If experienced pollsters can't get it right," he said, "how can a jury consultant who is not spending as much time studying the demographics?"

In an interview a day before the election, Jeffrey Goldman, a lawyer for Trump in the New York case, said the media's "drumbeat of distortion" about Trump University would make it hard to find impartial jurors.

Several experts noted that jurors, who will answer a questionnaire in addition to being questioned by the lawyers and the judge, are generally taken at their word when they say they can be impartial. Boston jury consultant Edward Schwartz said he expected both sides to try to vet jurors by their public social media postings.

Dershowitz noted that San Diego, though located in deep-blue California, is not as politically monolithic as, say, San Francisco. It has an ethnically diverse population and also has a large military presence.

"This is a jury consultant's nightmare, to pick in a case like this," said Dershowitz. "It will be taught in jury consulting school."

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