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The lawsuits against Donald Trump

Posted on June 14th, 2016 in Politics by Robert Miller
The Donald

The Donald

As it turns out, though I have seen nothing about this in the mainstream press, there are two suits pending against Trump related to the now defunct Trump University. In his public remarks Trump has made no distinction between the two but there are significant differences between them. One lawsuit is referred to as  Low while the other goes by the name Cohen: in the Low lawsuit is against Trump University and Trump himself he being sued by a group of former students of Trump University for violations of various consumer-protection laws in California, Florida and New York. It is a standard class-action lawsuit.

Cohen on the other hand is anything but standard. In Cohen Trump will be tried under the RICO (Racketeer Influenced and Corrupt Organizations Act) designed to bring down mob bosses. Judge Curiel, the judge that Trump tried to dismiss from the case, will preside over both Low and Cohen.

Judge Curiel has already denied Trumps summary motion in Low because there is a dispute about how much time he (Trump) committed to the University. Brochures describe Mr. Trump as committing a major effort as an instructor. The fact that there is a dispute about Trump’s time commitment means that a trial by jury is very likely. Only time will tell if Trump can wiggle out of this one.

In summary Low accuses Trump University as committing fraudulent practices, while Cohen  accuses Trump University itself as a criminal enterprise. A hearing for Cohen will take place on July 18th, the opening day of the Republican national convention. So, on July 18th we will learn if Trump University will be tried as a criminal enterprise under the RICO laws passed by Congress in 1970. That law was passed to catch criminals who ordered criminal activity, but until RICO was passed, they were immune from prosecution.

If Trump loses Cohen he will be forced to repay his entire profits from Trump University. We probably won’t know how much money is involved for a good part of the next decade.


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