Little heard-of Trump attorney Jesse Binnall entered a motion Monday seeking to delay the civil lawsuit filed by the partner of Capitol Police Officer Brian Sicknick, who died after being attacked and injured during the January 6th Republican-led domestic terrorist attack on Congress.
Asking for special treatment because he’s a former president and a candidate for the GOP nomination in the 2024 election cycle, Trump’s lawyer essentially claims he shouldn’t be liable to testify in two different trials simultaneously because he will likely plead the Fifth in the civil trial which, Binnall claims, would prejudice the multitude of other cases–both civil and criminal–Trump faces.
“Absent a stay, President Trump will be placed in the untenable position of fully litigating this case and risking his criminal defense, or pleading the Fifth Amendment and hampering his chance of success in this case,” the motion states. “Such a dilemma should especially be avoided when it involves a former President of the United States and current frontrunner, presidential candidate for the Republican Party in 2024. Never in our Nation’s history have we seen the Department of Justice, overseen by a political appointee appointed by the sitting President, target the sitting President’s chief political rival with criminal charges. Thus, it is imperative that President Trump be able to defend the criminal case fully, without the burden of defending overlapping civil litigation.”
Sandra Garza, Sicknick’s long-time civil partner, has sued Trump and two domestic terrorists who participated in the attack, Julian Elie Khater and George Pierre Tanios. Khater and Tanios have pleaded guilty to using chemical sprays on officers during the assault. Garza’s lawsuit claims negligence, wrongful death and conspiracy to violate Sicknick’s civil rights against the three defendants. Damages sought are not specified in the lawsuit.