But that didn’t mean it wasn’t intimidating. At the time, he was a former president of the United States, and he still had a rabidly loyal following. He was rich and powerful, with a long history of using litigation as a tool of intimidation and vengeance.
The first thing I noticed upon being served with the lawsuit was that it had been filed in the Southern District of Florida — his favorite jurisdiction. I soon learned that the lawyer handling the case for him was a woman named Alina Habba. I took this as a good sign, since she seemed inexperienced and likely incompetent.
Even when you are an experienced lawyer, being sued is a jarring experience. Seeing your name in a caption as a defendant is surreal. Knowing that someone as unhinged as Donald Trump is on the other side — and that he has selected his most favorable court venue — makes it worse.
But at that moment, you need to decide: Are you going to try to find a way out through compromise, negotiation and settlement, or are you going to stand tall and fight? I don’t believe any of the people sued ever considered settling. I know I didn’t — not for a minute, not for a second. I knew I would fight.
From the beginning, things went very badly for Trump. The judge assigned to the case had little tolerance for his antics and for the poor lawyering on the other side. The case was soon dismissed. When an amended complaint was filed, it too was dismissed.
Several of the other defendants sought sanctions against Trump and his lawyers. They won and were awarded nearly $1 million in sanctions.
I chose not to seek sanctions; I just wanted the case over. I have spent the better part of the last decade being hounded by Trump and his cronies. His first Department of Justice investigated me and others in what became known as the Durham probe. That ended up being a spectacular failure for Trump and an embarrassment for the DOJ, but it took its toll. This civil lawsuit largely grew out of that failure as Trump tried to somehow turn it around.
Having been humiliated by a defeat and sanctions, Trump appealed to the 11th Circuit. That case was heard last week. From the oral argument, it was clear Trump’s lawyers were struggling, but I have learned not to read too much into judges’ questions.
It typically takes months to receive a decision from a court of appeals. I am currently awaiting opinions from the 11th Circuit in cases argued more than a year ago.
So, I was taken aback when I learned this morning that the three-judge panel had already issued its written decision. I was even more surprised to see that it was a unanimous ruling upholding virtually all of the lower court’s decision — including my dismissal from the case and the sanctions against Trump and his lawyers.
Two other items stood out as significant. First, the panel included the court’s conservative chief judge, as well as judges appointed by Donald Trump and Joe Biden. Second, it appears to be a published opinion — meaning it will have precedential value. It is always possible that Trump will seek review in the Supreme Court, but I am certain the Court will not take this case.
That does not mean this is the end. Yes, this case may be over, but Trump’s abuse of the courts to go after his political opponents has only just begun.
We are seeing it every day as the Department of Justice opens bogus criminal investigations and pursues meritless indictments. Even the Department of Defense has joined this effort, targeting Democratic elected officials who have served this country honorably.
As I said at the outset: Donald Trump hates me. Being humiliated in this court case won’t change that — it will likely make it worse.
Shortly after I read the court decision, Reuters published a new list of the 470 people and institutions Trump has targeted. Not surprisingly, I am on that list. My entry reads simply: “Threatened in presidential memorandum with federal investigation, sanctions.”
I readily admit that all of this causes me concern. When I went to law school, I never imagined that I would be personally targeted by the president of the United States.
But the question for those of us in Trump’s sights is not whether it’s unnerving — it is. The question is what we do about it. Do we bow down? Do we settle? Do we hide and try to disappear into the background? That is what so many large institutions have done: law firms, universities, corporations, media outlets and billionaires.
That is not for me. This country has given my family and me extraordinary opportunities. Practicing law is a privilege. Being able to communicate with you is an honor.
I owe it to the country, the rule of law and all of you to do my part in the fight for democracy. So today I will celebrate. Tomorrow, I will give thanks. After that, it’s back to court!