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Posted on: October 11, 2024 at 09:49:43 CT
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https://www.msn.com/en-us/news/politics/opinion-new-doubts-about-trump-s-fraud-verdict/ar-AA1rqahP
A five-judge appellate panel on Thursday heard Mr. Trump’s appeal of a lower-court judge’s penalty for allegedly inflating the value of his real-estate assets to obtain better loan terms. Ms. James’s lawsuit was unusual since nobody claimed to be harmed by the former President’s alleged legerdemain, which is ordinarily required in fraud cases.
Several appellate judges noted as much. “I’m sorry, what’s being described sounds an awful lot like a potential commercial dispute between private actors,” Justice John Higgitt noted. It seems, he mused, that the AG is “going into an area that wasn’t intended for her jurisdiction.” He suggested the court may need to impose “guardrails” on the AG’s power.
Justice David Friedman concurred: “You’ve got two really sophisticated parties in which no one lost any money.” Prior cases brought under the state civil fraud law involved corporate actions with large numbers of putative victims, such as banks bilking customers. “You don’t have anything like that here,” Justice Friedman said.
Related video: Trump's lawyer confronts NY Appeals Court to toss $489M civil fraud verdict (FOX News)
So there's a lot popping here in New York CityVideo Player is loading.
FOX News
Trump's lawyer confronts NY Appeals Court to toss $489M civil fraud verdict
“There has to be some limitation on what the Attorney General can do in interfering in these private transactions where people don’t claim harm,” said Justice Peter Moulton. He added that “the immense penalty in this case is troubling” given that the “parties left these transactions happy about how things went down.”
Ms. James literally campaigned for her office on a pledge to prosecute Mr. Trump for something. Her method is select an unpopular target first, then look for evidence to file charges. Trial Judge Arthur Engoron also allowed some highly dubious estimates of Mr. Trump’s allegedly ill-gotten gains.
The job of appellate courts is to take a detached look at how the law is applied to protect due process, especially for politically unpopular defendants. Doing so in this case is crucial for the rule of law and future defendants in New York state.
A five-judge appellate panel on Thursday heard Mr. Trump’s appeal of a lower-court judge’s penalty for allegedly inflating the value of his real-estate assets to obtain better loan terms. Ms. James’s lawsuit was unusual since nobody claimed to be harmed by the former President’s alleged legerdemain, which is ordinarily required in fraud cases.
Several appellate judges noted as much. “I’m sorry, what’s being described sounds an awful lot like a potential commercial dispute between private actors,” Justice John Higgitt noted. It seems, he mused, that the AG is “going into an area that wasn’t intended for her jurisdiction.” He suggested the court may need to impose “guardrails” on the AG’s power.
Justice David Friedman concurred: “You’ve got two really sophisticated parties in which no one lost any money.” Prior cases brought under the state civil fraud law involved corporate actions with large numbers of putative victims, such as banks bilking customers. “You don’t have anything like that here,” Justice Friedman said.
Related video: Trump's lawyer confronts NY Appeals Court to toss $489M civil fraud verdict (FOX News)
So there's a lot popping here in New York CityVideo Player is loading.
FOX News
Trump's lawyer confronts NY Appeals Court to toss $489M civil fraud verdict
“There has to be some limitation on what the Attorney General can do in interfering in these private transactions where people don’t claim harm,” said Justice Peter Moulton. He added that “the immense penalty in this case is troubling” given that the “parties left these transactions happy about how things went down.”
Ms. James literally campaigned for her office on a pledge to prosecute Mr. Trump for something. Her method is select an unpopular target first, then look for evidence to file charges. Trial Judge Arthur Engoron also allowed some highly dubious estimates of Mr. Trump’s allegedly ill-gotten gains.
The job of appellate courts is to take a detached look at how the law is applied to protect due process, especially for politically unpopular defendants. Doing so in this case is crucial for the rule of law and future defendants in New York state.
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you like this source? - 90Tiger STL - 10/11 09:49:43
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