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Friday, January 31, 2025

Coalition seeks dismissal of lawsuit against Trump during presidency

America First Legal and the State of Iowa have spearheaded a coalition of 14 states in filing an amicus brief in the Delaware Court of Chancery. The brief pertains to the case United Atlantic Ventures, LLC, v. Trump Media and Technology Group Corp., urging the court to either hold or dismiss the case against President Trump. The goal is to allow him to serve his full term without being distracted by civil litigation.

In January 2021, Twitter permanently suspended President Trump's account due to alleged threats of violence following the 2020 election. In response, Trump launched Truth Social through his Trump Media & Technology Group (TMTG) in February 2022 as a platform for conservative voices who faced censorship on other social media platforms.

In December 2024, after Trump transferred part of TMTG's share in Truth Social, United Atlantic Ventures filed a lawsuit disputing ownership rights and board seats. This lawsuit represents a commercial and corporate governance dispute involving a sitting U.S. President.

The lawsuit was initiated in February 2024 before Trump's reelection and subsequent assumption of presidential duties. America First Legal argues that presidential responsibilities should take precedence over business disputes.

AFL contends that the court should dismiss the lawsuit based on constitutional separation of powers principles, emphasizing "the principle of the President’s independent authority to control his own time and energy." As Commander-in-Chief, AFL argues that President Trump needs to focus entirely on domestic policy and national security.

The brief urges the Delaware Court to exercise judicial restraint by postponing proceedings until Trump's term concludes.

President Trump has faced numerous lawsuits during his presidency, more than any other president in American history combined.

America First Legal is representing Iowa with support from Attorneys General Steve Marshall (Alabama), Tim Griffin (Arkansas), John Guard (Florida), Chris Carr (Georgia), Liz Murrill (Louisiana), Lynn Fitch (Mississippi), Andrew T. Bailey (Missouri), Austin Knudsen (Montana), Michael T. Hilgers (Nebraska), Drew Wrigley (North Dakota), Gentner Drummond (Oklahoma), Alan Wilson (South Carolina), Marty Jackley (South Dakota), and Ken Paxton (Texas).

Dan Epstein, Vice President of America First Legal stated: “State courts do not have the authority to adjudicate civil matters against a sitting President. As the nation’s most democratically accountable public servant, the President cannot be unwillingly distracted by the burden of defending against a lawsuit. The sovereignty of states in their own sphere is paramount. But the authority of the President is one the states cannot disturb.”

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