Members of the Central Park Five are urging a federal judge to move forward with their defamation lawsuit against President Donald Trump, arguing that any further delay could harm their case—especially due to Trump’s “fading memory.”
In a motion filed Wednesday in the U.S. District Court for the Eastern District of Pennsylvania, the group asked Judge Wendy Beetlestone to deny Trump’s request to pause proceedings while he appeals a prior ruling that allowed the suit to proceed.
The case stems from false statements Trump made during a televised debate with then-Vice President Kamala Harris ahead of the 2024 election, in which he referred to the exonerated men as “murderers.” The five—Raymond Santana, Yusef Salaam, Antron McCray, Korey Wise, and Kevin Richardson—filed suit less than six weeks after the debate to clear their names.
Trump Cites Immunity; Plaintiffs Call It a Delay Tactic
Trump’s legal team argues that the lawsuit should be put on hold while the Third Circuit Court of Appeals reviews whether Pennsylvania’s anti-SLAPP law (the Uniform Public Expression Protection Act, or UPEPA) shields him from liability.
Judge Beetlestone previously ruled that UPEPA does not apply in federal court, rejecting Trump’s bid to dismiss the case under that law. Trump’s attorneys claim that because he is entitled to immunity under UPEPA, the court is required to stay the case until the appeal is resolved.
But attorneys for the Central Park Five say Trump is misusing the legal concept of immunity, conflating UPEPA’s limited protections with the kind of broad immunity granted to presidents for official actions.
“The ‘immunity’ under UPEPA is not absolute,” the filing states. “It arises only after a court determines that the plaintiff’s claim lacks merit. Therefore, Trump is not entitled to halt litigation at this stage.”
They argue that unlike presidential immunity—which bars lawsuits over official acts entirely—UPEPA requires a review of the claim’s substance before immunity applies.
‘Justice Delayed Is Justice Denied’
The plaintiffs say Trump has used stall tactics to avoid confronting the merits of the lawsuit. Nine months after the complaint was filed, Trump still has not responded with an answer.
“Plaintiffs were called murderers by the Defendant to an audience of over 67 million Americans,” their motion says. “Now Defendant seeks an indefinite stay pending a meritless appeal. ‘Justice delayed is justice denied,’ and this Court should not accommodate Defendant’s requests to delay justice.”
Citing Trump’s Memory Loss
The group also argues that any delay could compromise their ability to gather critical evidence from the president due to his age and memory issues.
“Defendant is 79 years old, and there is a serious risk that his fading memory will hinder Plaintiffs from obtaining the necessary discovery, including at his deposition,” the motion reads. “This is not just a hypothetical concern.”
They pointed to interrogatory responses in which Trump admitted he was “unable to remember specific details” about the September 2024 debate at the heart of the case.
Presidency No Excuse, Plaintiffs Say
The plaintiffs further noted that Trump’s current role as president should not weigh against moving forward, since he continues to actively participate in civil litigation despite his official duties.
“Indeed, civil litigation remains an ongoing priority for Defendant,” they wrote.
The court has not yet ruled on Trump’s request for a stay.
