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Trump asks Supreme Court to revive dismissed RICO suit against Hillary Clinton over 2016 Russia claims

Published
Score
17

Why it matters

Trump's legal team filed a petition with the Supreme Court on October 9 asking the justices to reinstate his civil racketeering suit against Hillary Clinton. The suit, filed in federal court in Miami in March 2022, accuses Clinton of conspiring with former FBI Director James Comey and others to rig the 2016 election by tying Trump's campaign to Russia. Other defendants include the Democratic National Committee, the law firm Perkins Coie, Fusion GPS, and Christopher Steele. The complaint asserts racketeering and conspiracy to commit injurious falsehood and seeks treble damages above $24 million. U.S. District Judge Donald Middlebrooks dismissed the case, citing multiple deficiencies, including that Trump waited too long to bring some claims. He later imposed sanctions, finding the suit was meant "to dishonestly advance a political narrative." The 11th Circuit unanimously upheld the dismissal and sanctions and then denied rehearing before the full court. The petition argues the appeals court erred and never reached the merits. It also asks the Court to undo nearly $1 million in sanctions against Trump and attorney Alina Habba, the other sanctioned lawyer. The 17-page filing frames the sanctions as a threat to the presidency, arguing that "This Court's intervention is necessary to protect the Presidency, and to prevent judicial disagreement from becoming a license to punish its advocates."

The Court has not yet acted on the petition, so it remains unknown whether the justices will take up the case. Trump filed only after Justice Clarence Thomas granted an extension to the deadline.

For attorneys, the significance lies in the sanctions question. A sitting president is asking the Supreme Court to decide whether sanctions against him and his lawyers were proper, a question with direct implications for how courts police politically charged litigation. Watch for whether the Court calls for a response from the defendants, which would signal interest, and for any order granting or denying review. A denial would leave the 11th Circuit's dismissal and sanctions in place.

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