In Florida court Donald Trump has sued Letitia James, Attorney General of NY, in her personal and official capacity. The lawsuit seeks to have a judge in the State of Florida order a judge in the State of New York to dismiss the NYAG’s $250 million fraud lawsuit against Donald Trump, his family, and his company. Hopefully, you can already see the problems with that. You can read the lawsuit HERE.
But I come not to praise (or even analyze) wannabe Ceaser’s lawsuit, but to mock it. I will say that it is laughably frivolous, will be dismissed, is likely subject to sanctions, and constitutes borderline legal malpractice in its filing.
With that let’s move on to the mocking. The lawsuit, in many areas, sounds like a Trump campaign rally, with all the comical, self aggrandizing bluster you get from those. Let’s proceed.
The lawsuit open with: “Extraordinary wrongdoing requires extraordinary relief.” While that sort of extraordinary eye for an extraordinary eye thing may sound nice, it is not legally sound. Civil remedies are generally designed to make the plaintiff whole. Trump seeks here the truly “extraordinary relief” of a Florida judge telling a NY judge what to do with the NY judge’s case. That is not merely “extraordinary relief” that is impossible relief. It is legal unobtainium, judicial flat earthism. One might as well demand a court direct God to heal your cancer. Beyond that, as discussed below, Trump’s claim of “extraordinary wrong doing” is thin, reflects his unending persecution complex, and has been soundly rejected by the courts in NY.
But why sue in Florida to dismiss the New York case? Because Trump lost his lawsuit already filed in New York to dismiss the NYAG’s lawsuit. Trump already took that up to New York’s highest court to resounding defeat, which compelled Trump and his family to be deposed. In said depositions Trump and his family pled the 5th, which can be used against him in this civil proceeding.
“James has repeatedly abused her position as Attorney General for the State of New York to pursue a relentless, pernicious, public, and unapologetic crusade against President Trump.”
Whoa, adjective overload offsides. Five page briefing penalty.
“But what began as a cartoonish, thinly-veiled effort to publicly malign President Trump for personal political gain has morphed into a plot to obtain control of a global private enterprise.”
By golly I do think I am watching a cartoon version of a lawsuit. Queue up evil maniacal take over the world music and laughter.
Brace yourself for the next one.
“As a private company, nobody knew very much about the great business that then–businessman Donald Trump had built but now it is being revealed by James and much to her chagrin. The continuing witch hunt that has haunted and targeted Donald Trump since he came down the “golden escalator” at Trump Tower in June of 2015 continues.”
Got to love getting “witch hunt” in with “golden escalator.” I want to know if this the first time in history those two phrases have appeared in the same sentence.
I also love the “continuing” redundancy as we are told “the continuing witch hunt continues.” That’s some solid writing there.
The NYAG seeks to take control of Trump Org to prevent Trump from moving its assets out of NY where she can’t reach them. Trump argues that only Trump can run Trump Org.
“President Trump built a great and prosperous company but a company nevertheless that must be carefully, delicately, yet powerfully managed.”
Got to love “delicately, yet powerfully.” It reminded me of something . . .
Next up, argue that you are going to be the next President of the United States. I’m not kidding, he actually does this.
“President Trump’s request is not light: he seeks declaratory and injunctive relief against an out-of-state Attorney General who has malevolently targeted him because he ran for and was elected the 45th President of the United States and, perhaps more importantly, is leading in all polls by substantial margins both in the Republican Party for the nomination and against any and all Democrats for the presidency itself.”
Your honor, just think of what the once and future President could do for your career!
Now that I have had my fun I will more soberly summarize Trump’s lawsuit. Trump alleges that Letitia James campaigned on investigating Trump for fraud, then investigated him for fraud, and then sued him for fraud. Yes, that’s truly the gist of it. There really is not much more to it than that.
Of course it is the campaigning part Trump complains about. He says it proves James was biased against him and out to get him. I actually agree that it was inadvisable for James to so stridently campaign in regards to Trump as she did. However, a couple of points should be made.
- Trump already argued this exact biased/witch hunt point in New York courts and lost.
- The NY courts noted that James presented an “abundance” of evidence supporting her assertion that Trump and his company engaged in massive and pervasive fraud. Her case is well founded notwithstanding her inadvisable campaign promises.
- In the investigation for this lawsuit Trump was deposed and pled the Fifth. In a civil proceeding such as this that is practically an admission of guilt and can be used against him.
- BREAKING UPDATE: The judge in NY just approved the request from the NYAG to have the state effectively take over control of the Trump Organization with a monitor. Read the order HERE. The judge found that the evidence submitted by Letitia James was “more than sufficient to demonstrate OAG’s likelihood of success on the merits.” As discussed above the judge said Trump’s pleading the fifth implied guilt: “this Court is permitted, and is here persuaded, to draw a negative inference from Mr. Trump’s invocation of his Fifth Amendment right against self-incrimination more than 400 times in response to questions posed to him during his deposition.” However, that was but one of many reasons the court suggested the NYAG was likely to prevail on the merits.
- Trump’s own accountants fired him and said the representations they made on his behalf could not be relied upon because Trump misled them.
- A court in a completely separate jurisdiction, the Manhattan District Attorney’s Office, has criminally indicted the Trump Organization for fraud (that trial is underway now) and secured the conviction for fraud related to those charges of the company’s CFO, Allen Weisselberg. That District Attorney, Alvin Bragg, has no record of campaigning against Trump.
Trump claims his company being sued in New York violates his Florida Constitutional right to privacy. Not making that up either. While Trump would never say the Florida Constitution’s right to privacy includes abortion rights, he does claim it means he can’t be harassed regarding his “private” business dealings. Notably, the company is registered in New York, and does business in New York (as well as Florida).
Trump’s lawsuit is going down, but we might as well get what entertainment value from it we can. It isn’t going to be good for anything else.