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Appeals court declines to pause Trump’s fraud trial, but halts cancellation of business licenses


mspart

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https://thehill.com/regulation/court-battles/4242026-trump-seeks-pause-in-new-york-fraud-trial/

A New York appeals court declined to temporarily pause former President Trump’s civil fraud trial but did halt the cancellation of Trump’s business licenses until after an appeals court hears his case.

...  Defense attorneys argue in the Friday filing that Engoron had “no rationale or legal authority” to dissolve Trump’s businesses or order additional directives.

“Supreme Court’s sprawling and punitive relief is both unprecedented in a civil action in this State and indefensible under the law or any reasonable view of the facts,” Trump’s legal team wrote.

I have felt this same way.   A civil trial usually involves suing for money.   A criminal trial is for breaking the law.   Before the civil trial even started, the judge, Engoron, rescinded Trump's ability to do business in NY.   Certainly this action was not taken as a result of the trial, and the result of the trial would not lead to this.   I'm no lawyer as Vak will attest to and perhaps he can give some clarity to this.   But for a judge to impose penalties before the trial even starts seems like putting the cart before the horse.  Penalties happen after a case is heard.   And are these penalties that would result from a civil trial?   I have a hard time thinking that is true.  

So I am not surprised that the appeals court vacated the penalties imposed until a full appeals court can look into this.   This just seems rather suspicious that the judge is out to get Trump as much as the DA is and just couldn't wait to do something.   But I think his penalties will get finally overturned by the appeals court if they do what is correct here.  

Please anyone, provide examples of a judge imposing similar penalties on a defendant before the case even starts?   Ready, set, go!

mspart

 

 

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Perhaps in NY, a judge can order a temporary or permanent injunction like judges can in some other states.   Does an injunction include a cancelation of one's business permit, though?   Well... restraining orders can be used to keep one spouse from seeing the other, and / or their kids.   Family court's a type of "civil" court, too (unless it's considered administrative, which I tend to doubt, but each state's different).    Nevertheless, I'm now aware that a family court judge can order a divorce before the divorce trial even gets underway.   

Defamation also comes to mind, and that's often pursued in civil court (though I've seen it pursued as a criminal matter, at least overseas).   One can restrain a defendant's ongoing free speech regarding the allegedly defamatory material, I would think.   Admittedly there are 1st Amendment considerations that make the analogy to Trump's licenses less than ideal though.   

You've raised interesting points.   Far be it from me to deny that some have pursued (former wrestler) Donald Trump's demise very zealously.   And we wonder why more folks don't run for public office?   😞  
 

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Interesting decision.  Fraud has already been determined and they are now in the penalty phase.   I reckon NY will have to live with his ongoing fraud until his appeals are exhausted. Always trying to run out his imaginary clock.  Used to work when decisions were business instead of law.

If I lived in NY I'd want my money.

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The fraud determination's appealable, correct?   Summary judgments tend to be, and I think I read that that's how the fraud determination was made.   As for his ongoing fraud, folks need not do business with the Trump family if they don't trust them.   There's no shortage of publicity regarding the allegations.   Nor is there a shortage of folks who hate what Trump did to the composition of the U.S. Supreme Court.   They want to take him down however they can.   Remember all the accusations against Justice Kavenaugh when he was up for membership on the U.S. Supreme Court?    After a while, he was accused of gang raping women every weekend, or something to that effect.    Nobody believed the eventual allegations but that didn't stop 'em.   

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1 hour ago, TitleIX is ripe for reform said:

The fraud determination's appealable, correct?   Summary judgments tend to be, and I think I read that that's how the fraud determination was made.   As for his ongoing fraud, folks need not do business with the Trump family if they don't trust them.   There's no shortage of publicity regarding the allegations.   Nor is there a shortage of folks who hate what Trump did to the composition of the U.S. Supreme Court.   They want to take him down however they can.   Remember all the accusations against Justice Kavenaugh when he was up for membership on the U.S. Supreme Court?    After a while, he was accused of gang raping women every weekend, or something to that effect.    Nobody believed the eventual allegations but that didn't stop 'em.   

It is his business that is a fraud.  It continues to operate do ongoing fraud is the correct characterization.

Trump makes his enemies as a matter of policy, personal choice and business strategy.  It went around and now it is coming around.  If folks use this rationale to excuse or overlook Trump's behavior, they must be losing their mind over Hunter Biden's taxes and gun charge.  Especially the gun charge, since the 2A doesn't say anything about coke.

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I gather that part of the fraud allegations against (former wrestler) Donald Trump pertain to allegedly inflated property values that he and his family claim when bargaining (at arms' length) with creditors for more favorable mortgage (and other) interest rates.   He has mentioned that such creditors have their own lawyers and are invited to seek their own property valuations.    That doesn't seem fraudulent to me.   But I am concerned with allegations that former President Trump inflated the actual size of properties.   I sense that the size inflation has been substantial.   Is this accurate?   I am unaware of any alibi for doing that.  But admittedly the lenders are invited to seek their own independent assessments & valuations.   Sometimes sizes get inflated accidentally, too.   Or there could be a survey dispute.   I sincerely do not know. 

As for Hunter Biden, I sense that the outrage has been about double-standards.   For the longest time, Donald Trump was being attacked by the same mob that was not demanding the same of Hunter Biden even though the latter was costing taxpayers whereas Donald Trump apparently was not.   Donald Trump's own mob was not pleased with this.   By the way, I use the term "mob" affectionately.   I'm always delighted to see folks get politically engaged and active, wanting to know more.   It's the kind of educated populace that Thomas Jefferson dreamed about when founding U.Va. (prior to dying in insolvency as a result).   

 

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