Judge denies Trump’s attempt to delay Jan. 6 civil lawsuit

A federal judge on Wednesday denied former President Trump’s attempt to delay a lawsuit against him seeking civil damages over the Jan. 6, 2021, Capitol attack.

After Trump was indicted on federal criminal charges stemming from the 2020 election and Jan. 6, his attorneys in August attempted to put the civil lawsuit on hold, citing substantial overlap.

U.S. District Judge Amit Mehta denied Trump’s stay motion in a brief order issued Wednesday, calling the request “unwarranted.”

“This case remains at the motion-to-dismiss stage,” Mehta wrote. “The claimed dilemma posed by simultaneously defending himself in this case and his criminal case only will arise, if at all, during the discovery phase. His request is therefore premature. Further, the balance of interests, including Plaintiff’s and the public’s in moving this matter forward, do not favor a stay.”

Sandra Garza, the longtime partner of Brian Sicknick, a U.S. Capitol Police officer who died hours after the Capitol attack, sued Trump just ahead of the second anniversary of Jan. 6. 

Sicknick was pepper sprayed during the attack and passed away the following day after suffering two strokes. The medical examiner months later ruled he died from natural causes, while noting that “all that transpired played a role in his condition.” The U.S. Capitol Police said Sicknick died in the line of duty.

Trump had sought the pause days after he was charged with four criminal counts in Washington, D.C., over his alleged efforts to overturn the 2020 election, including allegations related to Jan. 6. It is one of four indictments Trump faces. He pleaded not guilty to all the charges.

Trump asked for pause for the duration of his criminal case, including any appeals, a timeline that could extend for months, if not years.

“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,” Trump’s attorneys wrote in court filings.

The Hill has reached out to Trump’s legal team for comment.

In addition to Trump, Garza’s suit names as defendants two rioters who assaulted Sicknick and were charged over their participation in the riot. They did not ask for a pause.

Garza is suing all three defendants for wrongful death and other claims, demanding they each pay at least $10 million in addition to punitive damages.

Trump has separately asked the judge to dismiss him from the lawsuit, arguing he had immunity as president and that the claims concern Trump’s political speech that is protected by the First Amendment. The judge has not yet issued a ruling.