Trump half-billion dollar civil penalty thrown out by appeals court

"Justice David Friedman issued a dissenting part opinion, writing that James' true aim was political in nature and argued that the entire case should be dismissed.

He wrote that James’ "ultimate goal was not market hygiene… but political hygiene, ending with the derailment of President Trump’s political career and the destruction of his real estate business."

He blasted her use of Section 63(12) of New York’s Executive Law, which gives the state attorney general broad power to pursue civil fraud claims.

Friedman wrote that it was unprecedented and political, giving James "essentially limitless power to prosecute her political enemies."

He said Trump’s business deals involved sophisticated parties who profited without harming the public and concluded he would "reverse the judgment and dismiss the complaint."

Our great president, President Trump will win at the Supreme Court.


And A/G James is in deep mierda with her fraud case.
 
FastLane said:
This trial was so mishandled by the judge that it will likely end up being overturned IMHO. I suspect it will eventually go to the SCOTUS if it isn't overturned first.
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Indeed.

It was clearly politically motivated.

The A/G said in her campaign that she would get President Trump.

It appears that she is the one who has been "gotten."
 
Earl said:
"Justice David Friedman issued a dissenting part opinion, writing that James' true aim was political in nature and argued that the entire case should be dismissed.

He wrote that James’ "ultimate goal was not market hygiene… but political hygiene, ending with the derailment of President Trump’s political career and the destruction of his real estate business."

He blasted her use of Section 63(12) of New York’s Executive Law, which gives the state attorney general broad power to pursue civil fraud claims.

Friedman wrote that it was unprecedented and political, giving James "essentially limitless power to prosecute her political enemies."

He said Trump’s business deals involved sophisticated parties who profited without harming the public and concluded he would "reverse the judgment and dismiss the complaint."

Our great president, President Trump will win at the Supreme Court.


And A/G James is in deep mierda with her fraud case.
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Poor Earl, doesn't understand that the dissent of one judge on a 5 judge panel carries no legal weight.
The majority points out that Judge Friedman's argument ignores the very ruling made previously by the court.

Justice Friedman’s decision runs athwart our prior rulings
in this case and misconstrues Executive Law § 63(12) and the case law that has
interpreted that statute. While he justly criticizes comments made by the Attorney
General about defendants when she was running for that office, he ignores that this
issue has already been considered, and rejected, by this Court.
 
Nordberg said:
Still guilty. The penalty was seen as excessive.
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It was a civil case, not criminal. He was found libel nor "guilty." With the judgement thrown out, it means the court found him NOT LIBEL. Otherwise, they would have simply reduced the amount and let the original finding of liability stand.

NOT LIBEL!

James' case has been thrown out. She lost, Trump won. That's that. Go throw a tantrum if you like, but Trump won.
 
Poor Richard Saunders said:
Interesting since the appeals court majority said the evidence was clear and convincing based on the record of the lower court that Trump committed fraud.
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Well it is New York after all. It's also interesting that they decided that no penalty will be assessed for his horrible crimes. What do you think about Letitia James putting a home that she bought in Virginia and does not live in as her primary residency. Should she resign as AG?
 
FastLane said:
Well it is New York after all. It's also interesting that they decided that no penalty will be assessed for his horrible crimes. What do you think about Letitia James putting a home that she bought in Virginia and does not live in as her primary residency. Should she resign as AG?
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No one is above the law, including A/G's.
 
Earl said:
"Justice David Friedman issued a dissenting part opinion, writing that James' true aim was political in nature and argued that the entire case should be dismissed.

He wrote that James’ "ultimate goal was not market hygiene… but political hygiene, ending with the derailment of President Trump’s political career and the destruction of his real estate business."

He blasted her use of Section 63(12) of New York’s Executive Law, which gives the state attorney general broad power to pursue civil fraud claims.

Friedman wrote that it was unprecedented and political, giving James "essentially limitless power to prosecute her political enemies."

He said Trump’s business deals involved sophisticated parties who profited without harming the public and concluded he would "reverse the judgment and dismiss the complaint."

Our great president, President Trump will win at the Supreme Court.


And A/G James is in deep mierda with her fraud case.
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That is my take on this
 
Poor Richard Saunders said:
Appeals court upholds ruling that Trump committed fraud!
But allows him to keep his ill gotten gains.



In this appeal, we have before us an actual record which demonstrates clearly
that defendants committed fraud and illegality squarely within the ambit of Executive
Law § 63(12).
[snip]
In any event, even if we were to apply the clear and convincing burden of proof,
we would find that the evidence presented by the Attorney General on summary
judgment and at trial amply satisfies that standard.
[snip]
The Attorney General established, prima facie, that the fraudulent SFCs had the
capacity and tendency to deceive a sophisticated party (i.e., a sophisticated bank).21 The
SFCs had this deceptive quality because the inflated estimated current values were
calculated based on undisclosed false facts and fallacious assumptions known to the
Trump Organization but kept from its counterparties.
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Right a waste of time. So you're claiming he did something wrong but has no penalty for what you claim he did wrong and your excited. So someone kills a person but never goes to prison and you win right? You're a donut.
 
I see the court let the finding of fraud involved stand. That's going next. If there's no liability on the part of the defendant, then there's no fraud involved. In a civil case, having to pay means you are libel. Not having to pay means no liability is involved. If the court had reduced the penalty to say $1 then the finding of fraud could stand. Without that, it's going to get tossed. And, remember, this is the NY courts, a state that is run by people who absolutely hate Trump.
 
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