SAN DIEGO (CN) - Attorneys for Republican presidential candidate Donald Trump are opposing an attempt to include his videotaped depositions in the ongoing lawsuit over the now-defunct Trump University.
His lawyers say the motion to include the actual videos and not simply the paper transcripts would lead to prejudice against Trump.
Lead Plaintiff Art Cohen is suing Trump University in a civil Racketeer Influenced and Corrupt Organizations, or RICO, Act case claiming Trump and other high-ranking members of the real estate seminar operation knowingly defrauded customers for a period of at least three years.
In a motion filed last week, Cohen's attorney Jason Forge sought the court's permission to upload Trump's videotaped depositions taken on Dec. 10, 2015, and Jan. 21, 2016.
While transcripts of the deposition were made available by the court at the beginning of this month, Forge argues the court should have access to the videos so they can analyze Trump's facial expressions and body language.
"Trump's tone, facial expressions, gestures, and body language are also not reflected in the paper transcripts, yet they speak volumes to...Trump's complete and utter unfamiliarity with the instructors and 'instruction' that student-victims received," the motion states.
A major element of Cohen's fraud case hinges on Trump University's assertion that Trump was personally involved in the selection of instructors, when the deposition appears to indicate he lacked familiarity with any of them.
The paper transcripts do not show the videos that Trump watched, many of which were videos of the instructors or mentors teaching different methods to the students, which Forge argues is an important element of the depositions not represented by transcripts.
Finally, Forge argues Trump engaged in "many spontaneous and ad hominem remarks that are not reflected in the paper transcript of his depositions."
The plaintiffs are also seeking to have two other videos submitted as evidence, including Trump University's promotional video and another video produced by former university instructor Jason Harris.
Trump's attorneys argue in a response filed Monday that all three are irrelevant and duplicative to the case and should not be submitted to the record.
"Plaintiff offers no legitimate reason for seeking submission of these videos, which are clearly intended only to prejudice Mr. Trump," the defense writes in their response motion.
However, the plaintiffs argue that prejudicing Trump is the point of submitting the videos.
"Defendant Donald J. Trump contends that seeing and hearing his own testimony in this case would 'prejudice Mr. Trump,'" Forge writes in another response filed on Monday. "It would. By further demonstrating the baselessness of Trump's motion for summary judgment. This is precisely the type of "prejudice" our adversarial system demands."
Trump's attorney's have filed a motion for summary judgment, seeking to end the case. Forge argues that by allowing the judge to see video of the deposition, he is able to get a clearer picture when considering whether to grant or deny the motion for summary judgment.
"Exhibit D presents a more complete record of Trump's testimony, and plaintiff does not want to leave anything to chance regarding a motion in which Trump seeks to end this entire case," the plaintiffs argue in their motion.
There is no timetable for a decision on the motion by Judge Gonzalo Curiel.
As reported earlier by Courthouse News, a number of media organizations have intervened in the case asking the judge to unseal the documents.
Outlets such as ABC News, The Washington Post, the New York Times argue that, due to the presumptive Republican nominee's status as a presidential candidate, the depositions should be made public.
A hearing is set for June 30.
An email sent to Rachel Jenson, an attorney for the plaintiffs, was not returned as of press time. Likewise, an email sent to Daniel Petrocelli, attorney for Trump, was not returned.
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