Letitia James “loses the war” against Donald TrumpLegal analyst

New York Attorney General Letitia James is “losing the war” against former President Donald Trump in his civil fraud case, attorney and legal analyst Jonathan Turley said Saturday.

The former president and others associated with the Trump Organization were found liable by New York Judge Arthur Engoron in February for misleading lenders and insurance companies to obtain more favorable terms. The order follows a lawsuit filed by James who investigated Trump's organization for years before filing a lawsuit against him in September 2022.

Trump, the Republican presidential nominee, denounced the lawsuit and the nearly half-billion-dollar financial penalties, calling them a form of “voter deduction.” His lawyers appealed the decision to New York's intermediate appeals court, arguing in part that the scope of the sanctions was “draconian” and that some of the allegations against Trump exceeded the state's statute of limitations, which means they should never have been brought to court. trial.

Meanwhile, a five-judge panel heard arguments from both sides in the case on Thursday, where two justices appeared to suggest they were receptive to some of Trump's arguments, including that the entities Trump is accused of fraud did not lose money or were otherwise harmed by his actions.

In an opinion column published Saturday by The Hill, titled “Letitia James May Win the Law but Lose the War,” Turley, a professor at George Washington University Law School who has supported Trump in his legal cases , discussed the matter. .

While highlighting several cases James worked on as attorney general, Turley wrote that James could “lose the war” in the civil fraud case as his office “faced openly skeptical judges” this week before a New York appeals court.

“During appeal arguments this week, James' office was confronted by openly skeptical judges who made the same arguments that some of us have been making for years about Judge Arthur Engoron's ridiculous fine. ” Turley wrote, specifically mentioning Justices David Friedman and Peter Moulton.

Friedman had noted that the law James used to file the lawsuit “is supposed to protect the market and consumers – I don't see it here.”

Newsweek has contacted James' office via email for comment.

New York Attorney General Letitia James speaks at a news conference following the verdict against former President Donald Trump in a civil fraud trial February 16 in New York. James loses the… New York Attorney General Letitia James speaks at a press conference following the verdict against former President Donald Trump in a civil fraud trial on July 16 February in New York. James is losing the war against Trump in his civil fraud case, attorney and legal analyst Jonathan Turley said Saturday. More Michael M. Santiago

Meanwhile, Moulton told James' office that “the immense penalty in this case is troubling,” in which the judge asked: “How do we attach the amount that was assessed by [Engoron] to the harm that was caused here where the parties left these happy transactions? »

“The answer, of course, is that this case was never about the markets. It was about politics. The fact that the banks were 'happy' doesn't matter. Happiness in New York is a political calculation, not a legal one,” Turley wrote in his opinion. column. “At the end of the day, James knows her audience, and it's not the appeals judges. She doesn't care if she turns out to be violating the Constitution or abusing her opponents. It has transformed New York's legal system into a thrill ride. For some judges, however, the thrill may have disappeared.

However, New York Deputy Attorney General Judith Vale responded to Moulton in court by stating that while it was a significant fine, “it is a large amount for several reasons.” Firstly, because there was a lot of fraud and illegality. This is a huge advantage. they learned from this conduct.

Moulton rebutted and said there was “the issue of mission drift.”

According to Merriam-Webster, mission creep is a term used to describe “the gradual expansion of the original goals of a mission or organization.”

“There has to be some limitation on what the attorney general can do in interfering in these private transactions… where people are not claiming to have been harmed. So what is the limiting principle?” asked Moulton.

Vale responded that the transactions must be “connected and relevant to the business in question, and must have an ability or tendency to deceive.”

“When you have hidden risks that harm the market and honest market participants,” she said.

The New York appeals court is expected to issue its ruling on Trump's case in about a month, potentially before Election Day on Nov. 5. Depending on the outcome of the appeal decision, either side could also ask the state's highest court to take the case. case.

The fraud suit is one of several ongoing legal cases against Trump as he seeks a second term in the White House. In May, a New York jury convicted Trump on 34 counts of falsified business records. Trump, who maintains his innocence in this affair, is awaiting sentencing.

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