On March 3, 2025, Plaintiff United Atlantic Ventures, LLC (“UAV”) filed its opposition to a motion to stay on the basis of temporary presidential immunity (the “Motion”) filed by President Donald J. Trump and joined by the other Defendants in the lawsuit captioned United Atlantic Ventures, LLC v. TMTG Sub Inc. f/k/a Trump Media & Technology Group, et al., C.A. No. 2024-0184-MTZ (Del. Ch.). In their Motion, Defendants assert that the entire case should be stayed for the duration of Trump’s presidency.
UAV’s brief argues that the Chancery Court should deny Defendants’ request for a temporary stay because the Supreme Court has repeatedly held that the President of the United States is not immune from civil liability for “unofficial conduct.” See, e.g., Clinton v. Jones, 520 U.S. 681, 694 (1997). Defendants do not claim that the conduct at issue is “official” Presidential conduct; instead, they assert that Clinton is distinguishable because it involved claims asserted in federal district court. UAV responds that the Chancery Court should follow the lead of all other state courts adjudicating the issue and faithfully apply Clinton and its progeny to state court proceedings. Further, any immunity certainly does not insulate the other Defendants—a publicly traded company (Trump Media & Technology Group), its subsidiary, and their directors—from liability, and extending presidential immunity to private individuals and companies affiliated with the President would set a dangerous precedent.
Oral argument on the Motion is scheduled for May 15, 2025.
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