Professor Gregory Germain recently spoke with USA Today for the story “Trump’s election helped him with his criminal cases. What about the civil lawsuits he faces?” Based on Supreme Court precedent, presidents are not immune from civil liability for private actions.
The USA Today article notes that “Trump could go on to file motions asking courts to dismiss the civil cases, claiming they – with their massive judgments – will unconstitutionally distract from and interfere with his upcoming presidency, just as he is arguing that his two state criminal cases should be fully dismissed for those reasons. For him to win that argument about civil lawsuits, however, courts would need to announce brand-new protections for a president-elect or sitting president. No one in those positions has ever before been made fully exempt from civil lawsuits.”
In response, Germain says “The (Supreme Court) would have to extend the law in a way that they never have.”