NY Appeals Court Casts Doubt On $489M Trump Judgment
Source: Law360
Law360 (September 26, 2024, 3:09 PM EDT) -- Judges on a New York appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.
During a special session of oral arguments, the five First Department jurists peppered attorneys on both sides with questions, with some casting doubt on Trump's core legal arguments but expressing concern about the sheer size of the fine and asking if New York Attorney General Letitia James had overstepped her broad powers to punish fraud.
Associate Justice Peter H. Moulton said there must be some limit on the state's power to investigate fraud in the marketplace, with similar concerns voiced by Associate Justice John R. Higgitt and Associate Justice David Friedman.
"I think you hear underneath all these questions, the question of mission creep," Justice Moulton said, asking whether the statute wielded by James' office had "morphed into something" that the legislature had not intended.
Read more: https://www.law360.com/appellate/articles/1883141?nl_pk=bff2f00f-5dd5-437e-bb2f-b0f1a7fd88b7&utm_source=newsletter&utm_medium=email&utm_campaign=appellate&utm_content=1883141&read_main=1&nlsidx=0&nlaidx=0
Just came into my inbox at work....
= new reply since forum marked as read
That was true "mission creep" ...
But this one, I think Letitia James knew what she was doing all along.
Adding a link:
Massive civil fraud verdict against Trump gets frosty reception at New York appeals court
A panel of judges voiced skepticism about the size and validity of the nearly half-billion-dollar judgment.
Republican presidential nominee former President Donald Trump speaks at Trump Tower in New York, Sept. 26. | Seth Wenig/AP
By ERICA ORDEN
09/26/2024 06:42 PM EDT
NEW YORK — Appeals court judges appeared to question the legitimacy of the civil fraud case against Donald Trump as the former president urged the court Thursday to overturn a judgment against him that has ballooned, with interest, to more than $478 million.
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The nearly half-billion-dollar penalty ordered by the trial judge initially threatened to trigger a financial crisis for Trump. But a New York appeals court sharply reduced the amount of the bond he had to post to avoid immediate enforcement of the verdict. Trump is now asking that same court to toss out the verdict entirely.
During oral arguments on Thursday, some members of the five-judge appeals court panel suggested that New York Attorney General Tish James had overstepped by using the particular New York fraud statute she used to bring the case against Trump. As soon as Deputy Solicitor General Judith Vale, arguing for James, began her opening remarks, she was cut off by Associate Justice David Friedman, who questioned whether her office had ever before used the statute “to upset a private business transaction that was between equally sophisticated partners.”
Associate Justice Llinet Rosado chimed in once Friedman finished to add, “and little to no impact on the public marketplace.” … The justices’ questions echoed one of Trump’s central lines of defense: He has argued that no one was harmed by the inflated valuations.
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Response to hardluck (Original post)