The exonerated Central Park Five has asked a federal judge in Pennsylvania to deny Donald Trump’s motion to postpone the men’s defamation lawsuit against him. The group is using the president over statements he made in a debate against then-Vice President Kamala Harris in 2024.
A 15-page motion filed in the Eastern District of Pennsylvania, the group asked Judge Wendy Beetlestone to deny Trump’s application to stay the case while he waits on a ruling from a 3-panel appeals court. He is appealing Bettlestone’s earlier ruling that the group’s lawsuit does not transgress anti-SLAPP law.
SLAPP, or strategic lawsuit against public participation, is a meritless lawsuit filed primarily to silence, intimidate, or punish someone for exercising their First Amendment rights, such as speaking out on matters of public interest, petitioning the government, or participating in civic activism. Corporations and powerful individuals will often use this law to discourage criticism.
In June, the judge ruled that SLAPP doesn’t apply in federal court, but Trump, in his appeal, has asserted that it does. The president has also asserted that he has immunity and that the courts are required to issue a stay pending appeal.
“In the context of absolute and Eleventh Amendment immunity, a defendant is entitled to a stay while a denial of a motion to dismiss or summary judgment based on immunity is appealed, provided the underlying immunity assertion is not frivolous,” the appeal stated. “President Trump amply demonstrates that his appeal is not frivolous.”
The attorney for plaintiffs have argued that Trump has failed to cite any case that’s relevant to his claim and that he is confusing absolute immunity and statutory immunity from liability. They also argued that the 3rd Circuit (court of appeals) has never held that immunity protecting a private litigant includes a right not to be subject to litigation.
The Central Park Five has also claimed that making them wait is causing further injury, as they initially filed their lawsuit over a year ago, but the president has stalled and used delay tactics.
“Plaintiffs were called murderers by the Defendant to an audience of over 67 million Americans. Plaintiffs filed suit less than six weeks after the debate to clear their names,” the filing asserts. “Nine months after suit was initiated, Defendant still has not filed an answer. Now Defendant seeks an indefinite stay pending a meritless appeal. ‘Justice delayed is justice denied,’ and this Court should not accommodate Defendant’s requests to delay justice.”
The plaintiffs also cited Trump’s age and failing memory as a reason to no longer delay the case.
“Defendant is 79 years old, and there is a serious risk that his fading memory will hinder Plaintiffs from obtaining the necessary discovery, including at his deposition, which would be highly prejudicial to Plaintiffs’ case,” plaintiffs wrote. “This is not just a hypothetical concern. Defendant has already stated in response to multiple interrogatories relating to the September 2024 presidential debate that he ‘is unable to remember specific details requested in this interrogatory.”
The filing concludes that Trump cannot use his role as the president as an excuse to not be sued when he has been involved in litigation while in office.
