Trump Seeks Stay on Civil Jan. 6 Case Amid Criminal Case Battles

Former U.S. President Donald Trump holds an umbrella as he arrives at Reagan National Airport following an arraignment in a Washington, D.C. court in Arlington, Va., on Aug. 3, 2023. Tasos Katopodis/Getty Images

On Monday, lawyers for former President Donald Trump asked the U.S. District Court for the District of Columbia to pause a civil lawsuit brought against him until the criminal case brought by the Department of Justice is resolved.

They note the cases overlap, and the civil case may present obstacles for his criminal defense. The attorneys are also seeking to dismiss the case entirely.

“As Plaintiff has admitted, this case involves similar allegations to those made in the criminal indictment against President Trump in Washington, D.C., on August 2, 2023. Due to these similarities and the issues presented by concurrent criminal and civil litigation, this case should be stayed until the conclusion of those criminal proceedings.,” wrote the attorneys (pdf).

“Absent a stay, President Trump will be placed in the untenable position of fully litigating this case and risking his criminal defense, or pleading the Fifth Amendment and hampering his chance of success in this case.”

In January, Sandra Garza sued (pdf) the former president over the death of her partner Brian Sicknick, a Capitol Police officer who died after the Jan. 6, 2021 events. The lawsuit alleges former President Trump lied about the 2020 election results and was responsible for riling up supporters with calls to take action, which “cost” Sicknick his life.

“This delay will only minimally burden Plaintiff, as she will eventually have her day in court,” lawyers for former President Trump wrote. “Moreover, Plaintiff waited nearly two years to bring these allegations; she should not now be heard to complain of any delay occasioned by DOJ’s prosecution when she herself showed little urgency.”

“As for President Trump, however, he only gets one chance to clear his name of these criminal charges and may only present one defense in each of these cases.”

In the filing, lawyers refuted the lawsuit’s claims that President Trump lied and purposely misled people about the 2020 elections to a corrupt end, or that his statements “express violence.”

“Presidents are expected to take advantage of the bully pulpit. As our nation’s chief executives, Presidents routinely comment on election results and petition Congress to act (or refrain from acting) in various ways,” they wrote.

Natural Causes

Sicknick passed away at approximately 9:30 p.m. on Jan. 7, 2021, according to a U.S. Capitol Police (USCP) news release. In April 2021, the medical examiner’s office found that Sicknick died of natural causes, caused by strokes.

Sicknick, who was 42, joined the department in July 2008 and was serving in the First Responder’s Unit. USCP had initially attributed the death to injuries sustained during the Jan. 6, 2021 Capitol breach events, and stated that he had collapsed after he returned to his division office and was taken to a local hospital. In March 2021, Julian Khater and George Tanios were arrested for assaulting Sicknick, and charged with conspiracy to injure an officer, assault on a federal officer with a dangerous weapon, civil disorder, obstructing or impeding an official proceeding, physical violence on restricted grounds while carrying a dangerous weapon and resulting in significant bodily injury, and violent entry.

He had been sprayed with a substance on Jan. 6, 2021, and medical examiner Francisco Diaz found that the strokes were not a result of an allergic reaction from the spray, and that there were no internal or external injuries found related to the day’s events, but that “all that transpired played a role in his conditions.”

Mr. Diaz did not elaborate in his April 2021 interview with The Washington Post, citing privacy laws.

In January 2021, Sicknick’s family issued a statement through USCP and asked for privacy.

“There really aren’t enough kind words in any language to describe how sweet Brian was. He was truly a lovely, humble soul. We are missing him terribly,” the statement read.

“He loved his job with the U.S. Capitol Police, and was very passionate about it. He also had an incredible work ethic. He was very serious about showing up to work on time and refused to call out sick unless absolutely necessary. Our loss of Brian will leave a large hole in our hearts.”

In late February 2021, Sicknick’s mother, Gladys Sicknick, gave an interview to Daily Mail, disputing accounts that her son was beaten during the altercation and died after sustaining bodily injuries.

“He wasn’t hit on the head, no. We think he had a stroke, but we don’t know anything for sure,” Gladys Sicknick told the Daily Mail in an exclusive interview on Feb. 22. “We’d love to know what happened.”

USCP stated in April 2021 that it accepted the medical examiner’s report.

Given the medical report attributing the death to natural causes, attorneys for  President Trump sought to dismiss the lawsuit this April. The motion is pending in court.