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Trump ordered to pay $355 million in penalties in New York Fraud case. He's also banned from operating any business in New York for three years, the Trump Organization is banned from borrowing money from any financial institution registered in New York for three years, and Eric and Don Jr each get their own $4 million dollar fines, and the former CFO Alan Wiesselberg owes a million. However the court also reverses its earlier ruling to cancel defendant's business certificates (aka the "corporate death penalty"). Instead an Independent Monitor will continue at the Trump Organisation for three years to ensure that it meets its financial reporting obligations.
All the penalties come with interest, so the defendants collectively owe around $450 million, not counting the $80+ million owed to E Jean Carroll. Even for Trump, that's serious money. Trump has of course said he will appeal, but to do so he will need to put up the full amount in bond first, and it's not clear he has the liquidity to do that - and as mentioned above he's now limited in his ability to borrow. And even if he manages to get the cash together, it doesn't seem to me that his prospects on appeal are at all good. Higher courts typically defer to the trial court's fact-finding, and Judge Engoron is not kind in his assessment of the credibility of Trump and his witnesses.
Farce of a case, the prosecution on the record as targeting Trump for political purposes, the judge a partisan hack, the alleged wrongs being that Trump exaggerated his business assets even though none of his partners were ever apparently harmed. Some of the banks Trump supposedly defrauded testified in his defense. Basic confusion of assessed value and appraised value. And Mar-a-Lago is just worth $18M. Show trial.
This is the kind of stuff that will massively, radially destabilize the country. You don't have a country anymore if hostile partisan judges in one-party states will just sue their political opponents into oblivion. At best, you have slow-boiling political turmoil and lawfare. But it's not really a country or a democracy in any meaningful sense. Critics of Trump who may feel tempted to defend whatever rationalization Engoron and Letitia have established should beware. This puts US down a troubling path.
I agree that politics was a motivation in pursuing the case, but it seems beyond doubt that Trump's organization did, in fact, engage in "creative" (i.e. fraudulent) accounting. I mean, he's a New York ex-Democrat real estate magnate. What were the chances that everything was above-board?
Selective prosecution is a problem, but it's a lot less of one when you aren't guilty. It's like the left-wing pundits who are angry about air time being given to Biden's cognitive decline. DOJ prosecutors can certainly communicate prosecution decisions to the public in a politically-motivated way, and the media can decide how much to cover them, but ultimately the effectiveness of these attacks hinges on Biden actually having declined cognitively. At some level, Democrats are responsible for painting themselves into a corner with this liability. So it is for Republicans who are staking their political future on someone as unreliable as Trump.
It was the sole motivation. If you don't understand that you don't understand the moment.
No one was harmed. New York brought a civil case, not a criminal case, because no laws were broken. The banks involved had all their loans paid back, and testified in Trump's defense. So what creative accounting? That the appraised and assessed values of Trump properties are not the same thing? This is like if I accused you of having child porn on your computer, and someone said: Well, it can't be denied that there's porn on his computer.
You're trying to turn this into a both-sides case. It isn't. Political actors who promised to bring Trump down brought him in court, declared that his assets weren't worth as much as he said they were, then used their own valuations to accuse him of
This is a form of victim-blaming: Democrats prosecute Trump to an unprecedented degree, and the logic says Republicans have to abandon Trump because he's the risky one. Do you think other Republicans will not be subject to these same attacks in future? This is a one-off? The Great Trump Exception?
The case was a civil action brought under New York Executive Law ยง 63(12), which explicitly enables the Attorney General to bring suit against someone engaged in repeated fraud. Not all fraud is criminal; most is a civil matter.
One of Trump's properties jumped in reported value from $80 million to $150 million between 2005 and 2006 without explanation. He admitted under oath in 2007 that he overstates property values and thinks most other people do as well. Trump's former attorney, Michael Cohen, testified before Congress that Trump regularly inflated or deflated the values of his properties for ego or tax purposes. Trump's own CFO testified at trial that Trump had overstated property values by hundreds of millions of dollars (around double their value). In facilitation of this, he also falsely reported other data about his properties, such as reporting a 10,000 sq. ft. apartment as 30,000 sq. ft. These are not small technical discrepancies, but a repeated pattern of massively fudging numbers for financial and tax benefits.
The ones that engage in decades of systematic fraud, yeah.
Got it. The Democratic prosecutor who campaigned on going after Trump for political purposes is a one-off that will only be used when Republicans deserve it. Incidentally, Trump deserved it. Maybe if they prosecuted literally anybody else for financial crimes in the State of New York, I'd believe you.
Maybe I'd take your position a little less skeptically if you were arguing that every politician in the stock market, or every banker behind 2008, should also be charged with fraud. I'd still think it was convenient, since none of those people are actually getting prosecuted, and likely never will. But at least you could claim that your claim to principles is principled.
I'm sure plenty of Democrats would like to go after everyone with an (R) after their name, but the ability to successfully prosecute or sue political opponents is still heavily contingent on them having provably committed crimes or torts. This is not an endorsement of selective prosecution, merely an observation that Trump is a uniquely vulnerable target because he can't seem to stop breaking the law. It's hard to discern if his legal troubles represent an unprecedented weaponization of the justice system versus him being an unprecedented outlier in terms of surface area for liability. Maybe indiscriminate Democrat lawfare against Republicans will become the norm, but it's hard to conclude that based on evidence available today since it's so deeply confounded by the singular choice of opponent.
What are you talking about? Politicians break the law all the time! Whether it's through illegal schemes as part of the political process, or graft conducted at the expense of the political office. Explain to me why Trump "can't seem to stop breaking the law" compared to: Nancy Pelosi's infamous insider trading; Diane Feinstein's husband profiting off business ties to China; Joe Biden profiting off Hunter Biden's foreign business dealings.
American politicians break the law all the time by selling themselves to the highest bidder, and you want to grandstand about how Trump keeps breaking the law. I bet you jaywalk.
Insider trading laws are extremely lax with regard to transactions made by congresspeople. This is very convenient for them, and they should be pressured to ban congressional stock trading. The same can be said for Feinstein's conflicts of interest due her husband's business ties. Improper? Unethical? Sure. Illegal? They have expensive law degrees and lawyers (also with expensive law degrees), and they wrote the laws. Chances are they know exactly where the line is and didn't cross it. Prosecutors can't be held responsible for selective prosecution if the law hasn't actually been broken; they have no recourse even if they think lawmakers are scumbags that belong in prison.
There is an impeachment investigation over this run by congressional Republicans. It's not going well, by the way. I share your cynicism that he might have colluded with his son in influence peddling, but coming up with compelling evidence that stands up under scrutiny hasn't gone well even with motivated people at the helm. Trump, by contrast, managed to get caught on tape admitting that he possessed classified documents that he didn't declassify before leaving office. He's not merely unethical (like most of Washington), but also criminal (by the letter of the law) and incompetent. This astonishing combination of characteristics suffices to explain his legal troubles, or at least casts doubt on the theory that unprecedented Democrat norm-breaking is primarily to blame.
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