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“Not Likely to Happen”: Jonathan Turley Pours Cold Water on Letitia James’s Plans to Seize Trump’s Assets
https://thelibertydaily.com ^ | Mar. 22, 2024 | Harold Hutchison

Posted on 03/23/2024 2:40:12 AM PDT by Enterprise

James filed judgments against Trump and others in Westchester County, New York, where Trump owns a private estate in Seven Springs and the Trump National Golf Club Westchester, Friday. Turley said that James could find seizing the properties much more difficult than she thought

“These properties are partnerships, they have leveraged debt. All of that has to be unraveled,” Turley told Fox Business host Larry Kudlow. “So these aren’t just this, you know, one to one Trump versus James type of equation. So in order to seize that property, she’s going to be pulled into court, there’s going to be challenges. It’s not going to happen overnight. Everyone is celebrating this idea that she’s going to padlock Trump Tower. It’s not likely to happen, and it’s certainly not likely to remain very long.”

“The other thing is that she could be harming the value of the property that she’s trying to seize with some of these actions,” Turley continued. “I don’t think that matters to her, but it might matter to a court.”

(Excerpt) Read more at thelibertydaily.com ...


TOPICS: Business/Economy; Front Page News; Government; Politics/Elections
KEYWORDS: arrestletitiajames; letitiajames; seizeletitiajames; thieves; trump; trumppersecution; turley
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It does seem that if James wants to seize a property that is in a partnership she's going get a lot of pushback. Partners will make the point that while Trump has a "judgement" against him, they are not the targets of any "judgement." So, back to court, and perhaps different judges might be assigned according to where other properties are located. Turley also raises the possibility of 8th Amendment challenges, and the possibility that an appeals court may reduce the judgement.

The issue of damage is an interesting one. James is counting on the current value of any property she wants to seize. Suppose that in the process of seizing a property its value drops precipitously. Then does she have to seize even MORE property to make up for the drop in value of properties she is seizing? Now where does THIS end?

James is going to have a rougher time than she thinks. On the other hand, I think she knows this, and so does the Judge. It's a bluff to try to make Trump come up with the cash, and THAT'S what they want. Hundreds of millions of dollars to squander in more leftist spending. Maybe Trump should keep taunting them. "Hey James and judge, I have 500 million in cash and you're not getting ANY of it."

1 posted on 03/23/2024 2:40:12 AM PDT by Enterprise
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To: Enterprise

New York State cannot prove that it is credit worthy, having the ability to promptly pay $467 million in cash.


2 posted on 03/23/2024 2:53:44 AM PDT by linMcHlp
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To: Enterprise

My practicing law without a license opinion is NY can place a lien on any partnership property but ultimately could not seize the asset.

The lien would have to be paid before the property or shares of the partnership could be sold—but that would not be “seizure”.


3 posted on 03/23/2024 2:58:34 AM PDT by cgbg ("Our democracy" = Their Kleptocracy)
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To: Enterprise

later


4 posted on 03/23/2024 3:28:11 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: cgbg

Thank you. I was wondering also about the possibility of liens. Maybe in time the liens might be paid off, but if the business climate in New York continues to decline, the properties may in time be essentially worthless, thus the liens also becomes worthless. They want the cash! And they want it NOW!


5 posted on 03/23/2024 3:33:38 AM PDT by Enterprise
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To: Gay State Conservative

I would like to read your thoughts on this when you have time.


6 posted on 03/23/2024 3:34:20 AM PDT by Enterprise
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To: Enterprise
If Trump or his interests owned, say, 25% of a building with three other partners, and if the judgment is upheld, does that mean that the state of New York assumes the assets and liabilities that Trump has? The state has no ability to compel the other partners to sell the building. Therefore, the state will have replaced Trump as a partial owner and will either sell the partnership interest on the open market, receive the income the building generates, or if there is a default on the property, be pro rata liable for the debt if the lender forecloses.
7 posted on 03/23/2024 3:47:33 AM PDT by Wallace T.
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To: Enterprise
The best thing that can happen right now is for Trump to come out and reveal he has a contract to sell the Westchester property for $1 billion.

Any move by Letisha Mugabe to encumber the property with a lien becomes a legitimate cause of action against her.

8 posted on 03/23/2024 3:51:25 AM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: stig
Oops, ignore my previous post. I meant to ping you to this thread.

I need more coffee.

9 posted on 03/23/2024 4:01:44 AM PDT by RoosterRedux (A person who seeks the truth with a closed mind will never find it. He will only confirm his bias.)
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To: Wallace T.
It’s not as simple as what you’ve presented there.

I have been involved in business arrangements much smaller than a major NY real estate deal, and even those contracts were written to address a scenario like the one you presented.

If Trump owns (for example) 25% of a property, the owners of the other 75% don’t want to suddenly become partners with some retarded mutant they don’t know — especially under adversarial circumstances. So the partnership agreement will be written in such a way that there is a degree of protection given to all the partners to avoid this scenario.

The most common scenario would be a provision in the contract that covers a case where a partner dies or gets divorced.

10 posted on 03/23/2024 4:02:37 AM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Alberta's Child

Tortuous interference. Maybe.


11 posted on 03/23/2024 4:07:08 AM PDT by vivenne (⁹)
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To: Enterprise
Long story short: Turley is a Constitutional expert,I'm not. I'm not sure if he's writing from a strictly legal standpoint (the constitutionality of the laws in play in this case) or whether he's guessing at her future political moves. IMO there's no doubt that she's coordinating this with The Big Guy's Department of Just US,just as Short Fat Fani is in Atlanta.

She's motivated solely by a desire to keep DJT from the WH next January,her desire for higher office and,of course,the $10 million book deal she sees in her future.

12 posted on 03/23/2024 4:15:05 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: cgbg

Betting DjT and his lawyers also know an actual seizure is virtually impossible, nor have the remotest chance of succeeding. Your lien scenario is much more likely.

Thus, -—being pretty damn good at wheeling and dealing—I’m betting he’d like James to absorb the publicity and all its repercussions for the city and country and international image.

Soon to be armed with a 3.5B windfall with Truth Social going public, he’s found sources willing to loan him the 1/2B bail which he now says he’s got.

I’ll bet he doesn’t proffer the cash, instead teasing James to take the dare and ruin her reputation and the city.

NY law says he can’t appeal this ridiculous charge unless he posts bail, but the US 8th amendment prohibiting excessive fines will eventually nullify that.

Years of legal battles in this case appear certain, for which Trump will be able to pay for and win and perhaps collect another windfall for reputational damage.

Letitia...you lose, you stupid POS. Don’t gamble with a master of the deal.


13 posted on 03/23/2024 4:18:56 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'll go ahead.)
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To: cgbg
My practicing law without a license opinion is NY can place a lien on any partnership property but ultimately could not seize the asset.

If Trump is the debtor, they can only put a lien on whatever he owns in his name. If a property is owned by a partnership of which he has a partnership interest, they could only put a lien on his partnership interest. They cannot put a lien on the partnership property.

14 posted on 03/23/2024 4:29:47 AM PDT by KevinB (Word for the day: "kakistocracy" - a society governed by its least suitable or competent citizens)
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To: KevinB

That makes sense.

The “seizure” headlines seem totally ridiculous.


15 posted on 03/23/2024 4:40:25 AM PDT by cgbg ("Our democracy" = Their Kleptocracy)
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To: Enterprise

I agree with Turley on this. Trump has every piece of real estate in a separate corporation. We started doing this with high value properties back in the early 1980’s as it is easier to just sell the stock in the corporation, rather than the real estate.

On a $100 million property, the transfer taxes alone would be several million in most states.

As soon as you add minority interest in the corporate entity, it really creates confusion for the courts. I’ve encountered this many times over the years when negotiating IRS collection cases.

Thus, with minority shareholders, the government could only go after Trump’s interest and also could be required to abide by shareholder agreements and restrictive deed covenants. It can become very complicated.

In addition, equity might be diversified through encumbrances on the property through other loan guarantees. If Trump Tower is pledged as collateral on another property as part of a loan package. The loan holder could block the government from taking their collateral.


16 posted on 03/23/2024 5:23:41 AM PDT by tired&retired (Blessings )
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To: tired&retired

It would be easy to tie this up in the court for years. In the interim, Trump can use it as propaganda for campaign purposes.

See, the communists seizing my property. Your pension accounts are next. Possibly even true...


17 posted on 03/23/2024 5:26:38 AM PDT by tired&retired (Blessings )
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To: Enterprise

This calls to mind what the Japanese general Isoroku Yamamoto’s said “I fear all we have done is to awaken a sleeping giant”. The sleeping Giant is of course Pres. Trump and all of those “Maga” folks. The stupid James bitch is in way, way, over her head. And so is the Ichabod Crane Judge.


18 posted on 03/23/2024 5:36:31 AM PDT by Omnivore-Dan
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To: tired&retired

Good post—the transfer tax issue has had a major effect on real estate.

The AG is either bluffing or stupid.


19 posted on 03/23/2024 5:38:46 AM PDT by cgbg ("Our democracy" = Their Kleptocracy)
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To: Enterprise

BTTT


20 posted on 03/23/2024 5:41:07 AM PDT by nopardons
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