Legal Battle: Trump Media Invokes Presidential Immunity In Delaware

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Post on May 16, 2025

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Legal Battle Heats Up: Trump Media Invokes Presidential Immunity in Delaware Lawsuit

Donald Trump's media company, Trump Media & Technology Group (TMTG), has escalated its legal battle against a Delaware-based investor, invoking the controversial claim of presidential immunity. This bold move has sent shockwaves through the legal community and further ignited the already intense scrutiny surrounding the former president's business dealings. The lawsuit, filed by investor Franklyn McMichael, alleges breach of contract and seeks significant financial compensation. TMTG's invocation of presidential immunity represents a dramatic shift in the legal strategy and raises complex constitutional questions.

Understanding the Core of the Dispute

The lawsuit centers around McMichael's investment in TMTG, specifically concerning the anticipated launch of TRUTH Social, the company's flagship social media platform. McMichael claims that TMTG breached contractual agreements, failing to deliver on promised returns and transparency. He argues that the company misled investors about its financial standing and the progress of TRUTH Social. This Delaware lawsuit is just one of several legal challenges facing TMTG, highlighting the company's ongoing struggles and financial precariousness.

The Presidential Immunity Claim: A Risky Gambit?

TMTG's assertion of presidential immunity in this Delaware case is a highly unconventional legal maneuver. Presidential immunity traditionally protects a president from civil lawsuits related to their official duties while in office. However, applying this to actions taken by a company after leaving office, and involving purely commercial matters, is unprecedented and legally contentious. Legal experts widely disagree on the applicability of this claim in this specific context.

• Arguments for Immunity: TMTG’s legal team might argue that the actions taken during Trump’s presidency influenced the current situation with TRUTH Social, somehow making this a derivative of his official actions. This argument, however, faces significant hurdles, as it would need to establish a direct, undeniable link between Trump's presidential actions and the alleged breaches of contract.

• Arguments Against Immunity: Opponents will likely argue that the Delaware lawsuit deals with purely commercial activities unrelated to the duties of the presidency. The fact that the actions occurred after Trump left office further weakens the claim, as presidential immunity typically ceases upon leaving the presidency. This argument is likely to be the dominant one amongst legal professionals.

What Happens Next?

The Delaware court will now need to consider the applicability of presidential immunity to this specific case. The outcome will not only determine the fate of McMichael's lawsuit but also set a significant precedent for future legal challenges involving former presidents and their business ventures. This case is expected to undergo prolonged legal battles, including potential appeals, making it a significant development in both commercial law and constitutional law. The decision will have considerable implications for both future business ventures involving former presidents and the broader understanding of presidential immunity's reach.

Keywords: Donald Trump, Trump Media & Technology Group, TMTG, TRUTH Social, Delaware lawsuit, Presidential Immunity, Franklyn McMichael, breach of contract, legal battle, constitutional law, commercial law, legal challenges, social media, investment, investor lawsuit.