Posted on 11/13/2023 8:50:45 PM PST by SeekAndFind
Former President Donald Trump's legal team will "very soon" file for a mistrial in the New York fraud case to address a range of "issues," said his attorney on Sunday.
Attorney Alina Habba was asked during a Fox News appearance about whether they will file a mistrial, she said it would come "soon" and "very soon." She added the former president is concerned about the judge and the clerk in the trial, saying that a gag order prevented her from issuing a full response.
“I can tell you that we will be filing papers to address all of those issues,” Ms. Habba told the outlet. “The problem is, with all of these things, such as filing a motion for recusal, which we have done twice, is that the judge has to be the one that decides—is he going to recuse himself? Does he feel that there was a mistrial?”
Because it is a "bench trial" and one judge, Arthur Engoron, is involved, he has to make those determinations, the attorney added. "At this point, I don’t have any reason to believe he shouldn’t after what we have learned, if it’s true,” she said.
On Monday, the former president's legal team is expected to present their case in New York, where President Trump faces a $250 million lawsuit that was brought about by New York Attorney General Letitia James.
She has alleged that the Trump Organization engaged in fraudulent activities over a decade, while accusing the former president, his sons, and the real estate firm of falsely inflating the value of its assets. The former president and his sons, Donald Jr. and Eric, have denied wrongdoing, while President Trump has said it's part of a politically motivated bid to derail his third presidential campaign.
In a separate interview with Fox News on Sunday, Ms. Habba claimed that the Trump Organization can prove that no lenders were harmed and were paid on time, with interest, and made money. Instead, she added, it is because Ms. James wanted to make a name for herself, making note of a statement the attorney general had made during her first campaign about prosecuting President Trump.
"She should really dismiss this case, it's making her look bad, frankly, and the city needs her attention elsewhere," Ms. Habba added, referring to Ms. James. Another problem they "have is the judge is the one that’s going make those decisions and he’s proven himself to be quite motivated by the other side," she also said.
Late last week, a top House Republican, Rep. Elise Stefanik (R-N.Y.), a filed an ethics complaint against Judge Engoron, alleging he has displayed a "clear judicial bias" against President Trump and his company. Her letter said that the judge has failed to honor President Trump's due process rights under the U.S. Constitution and made note of the former president's status as a clear GOP presidential front-runner for the 2024 race.
“I filed an official judicial complaint against Judge Arthur Engoron for his inappropriate bias and judicial intemperance in New York’s disgraceful lawsuit against President Donald J. Trump and the Trump Organization,” Mrs. Stefanik said in a statement to several news outlets. “Americans are sick and tired of the blatant corruption by radical Leftist judges in New York. All New Yorkers must speak out against the dangerous weaponized lawfare against President Trump.”
So far, Judge Engoron has not issued a public comment about the letter. Before the trial started, the judge ruled in September that he believes the Trump Organization defrauded banks and insurers by inflating the value of its assets, ordering that some of the former president's business licenses be rescinded as punishment.
“In the defendants’ world, rent regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air; a disclaimer by one party casting responsibility on another party exonerates the other party’s lies,” Judge Engoron wrote in a 35-page ruling. “That is a fantasy world, not the real world.”
However, some real estate professionals have cast doubt on the judge's ruling, namely regarding President Trump's Mar-a-Lago property in Florida. Judge Engoron ruled that President Trump over-valued Mar-a-Lago by a significant margin.
“Appraisal values and market values are just not the same thing. It’s a well-known fact,” Eli Beracha, chair of the School of Real Estate at Florida International University, told CNN last month. “That’s especially true for properties that are unique. And it’s very easy to argue this is a unique property.”
About a month after his ruling, a New York appeals court judge temporarily halted the process of breaking up President Trump's businesses. The appeals court judge, however, rejected President Trump's attempt to dismiss the fraud trial.
Other than the fraud case, the former president separately faces criminal charges in Georgia, Washington, D.C., Florida, and New
Where does the appeal go for fair and impartial adjudication?
In other words, if the judge's ruling makes it illegal to include financial disclaimers when filing loan documents, or if the judge's ruling makes current appraisal valuation processes illegal, then the appeals court has to be shown that such a ruling is too far outside the mainstream of doing business that it cannot be allowed to stand or the entire real estate and financing industries would be thrown into turmoil.
The other side of that coin is that if the judge's ruling only applies to President Trump's disclaimer, and only applies to President Trump's appraisal and financing, then how is that not the judicial equivalent of a bill of attainder that singles out Trump for punishment when the entire real estate industry is doing the same thing?
-PJ
“I can tell you that we will be filing papers to address all of those issues,” Ms. Habba told the outlet. “The problem is, with all of these things, such as filing a motion for recusal, which we have done twice, is that the judge has to be the one that decides—is he going to recuse himself? Does he feel that there was a mistrial?”
State employees do not have impunity for civil rights violations. He needs to quit begging this judge to rule against his own rulings and just go to Federal Court.
The Federal Courts assert jurisdiction over a cop who beats someone over the head unjustly. The exact same principle should allow them to stop an abuse of Trump’s civil rights by a State Judge.
It’s time for this bullshit to stop.
In other words, if the judge's ruling makes it illegal to include financial disclaimers when filing loan documents, or if the judge's ruling makes current appraisal valuation processes illegal, then the appeals court has to be shown that such a ruling is too far outside the mainstream of doing business that it cannot be allowed to stand or the entire real estate and financing industries would be thrown into turmoil.
Yes this has been my major point of concern, very succinctly put btw.
The other side of that coin is that if the judge's ruling only applies to President Trump's disclaimer, and only applies to President Trump's appraisal and financing, then how is that not the judicial equivalent of a bill of attainder that singles out Trump for punishment when the entire real estate industry is doing the same thing?
Hadn't thought about the flip side of this. Nice.
I suspect the court of appeals knows that whatever comes out of Engeron is total BS. But they want to extract their pound of flesh from President Trump and will ultimately rule in his favor on appeal. Otherwise why stay the breakup of his business interests in NY?
But they are evil democrats so who knows?
The truly evil Democrats would declare a mistrial and discard the judge's pre-trial finding of fraud against President Trump. Then AG Letitia James decides to refile charges and redo the trial in 2024, now that they know Trump's defense.
-PJ
The judge is a moron.
Restrictions can be, and have been, lifted all the time. Restrictions can, and are, added all the time.
The valuation for tax purposes is NOT the same as market value. A quick tax hearing to change the land use designation and Mara Lago is easily worth $1.5 billion.
Yeah, it would throw the real estate market into turmoil.
You have to preserve the argument on the record by filing a motion. So Alina needs to make a record and file the motion before she can hope to get any relief at the appeal level.
A civil case where there is no injury and that is based on prosecutorial discretion such as this is more than absurd. Isn't it criminal? Why does NY law even provide for such an abusive opportunity?
Will the appeals court in NY act honorably and in consideration of the wider implication that would tend to quash business in the state? I really don't know these days. It should.
If Trump is convicted by this biased judge and the rogue AG of NY and it holds, anyone can hold the opinion that any similar estimate of valuation is fraudulent. The disclaimer is key to there being no case here, or it should be, and it is broad. I have never agreed to sign such a document as this loan application without a broad disclaimer. They are just too fraught with opportunity for disagreement and claims of fraud. The consideration that it is a "good faith estimate" by the borrower is critical and I have wondered in similar instances why even bother with it except to give the lender steerage in their own fiduciary responsibility to determine adequate collateral. It seems mandatory for the lender to make their own evaluation of collateral value and determination of adequacy. At the very most they should look upon the borrower estimate in some advise and consent way.
We have already given this subject more rational thought than this judge and the prosecutor. That is the folly of this discussion. We have nothing to do with it, we are trying to reason with tyranny and reason is the wrong medicine.
They refuse to acknowledge when President Trump says that he has a "brand premium" to his valuations, meaning that people will pay more knowing that it is a Trump property. In fact, banks might lend more knowing it's a Trump property because they know that the collateral is good, that is, that the Trump organization is good for the money.
I guess that's the sign of leftist socialists. They don't want to acknowledge the value of private property, especially when it is at the luxury high end (except when it is Hunter Biden's juvenile scribbles).
-PJ
Yeah... but this entire process is corrupt, a defacto Bill of Attainder, and a violation of his civil rights. The prosecutor literally ran on a platform of “I will target this one man and find a crime that fits”.
This needs to get to an emergency appeal to the US Supreme Court.
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