Scary. Respect for rule of law is in freefall. Democrats have disparaged Supreme Court rulings. State officials try hijacking a presidential election by misinterpreting the 14th Amendment. Biden tries to imprison his opponent. Now, New York State Judge Arthur Engoron inflicts a $355 million penalty on the leading candidate for president – not a good look.
In his 92-page opinion, following a highly personalized trial, the judge makes a victimless non-crime called “business puffing” – no damages – into a crime. He declines the defendant a jury trial, holds kangaroo court, then inflicts a huge penalty.
To get this result, Americans must swallow never-before-asserted legal fictions, interpretations of law, and a politically hostile state prosecutor and judge overseeing the proceeding, despite their rank prejudice.
Almost certainly, this decision will be revised, perhaps thrown out entirely. It simply cannot stand. Why?
First, the facts are hardly damning. Loans were secured from banks with guarantees based on legal documents, clear representations, comparative values, assessing Trump’s credit, and due diligence.
The judge ignores expert witnesses who said no fraud occurred, the banks were content to lend to Trump, no entity lost money on any transaction, nor did any citizen suffer provable damage.
Despite this, the anti-defendant judge who repeatedly tried to gag Trump (reversed) and consistently insulted him – offers a conclusory view. He says Trump’s statements were “blatantly false… resulting in fraudulent financial statements.” Boom, one and done, over, next.
The whole concept that a biased state judge, abetted by a vengeful state prosecutor, is allowed to target, harass, convict, try to bankrupt, and end the campaign of a political opponent – is revolting, utterly anti-democratic. It violates a dozen principles of ethics.
Still, not a single leading Democrat has said this is wrong, political persecution, like the cases being brought by Jack Smith, a prosecutor sanctioned for a political case in 2014 (9-0, Supreme Court), and the embarrassingly unethical, unrepentant Georgia prosecutor.
What else is wrong with this fantastical $355 million dollar penalty, inflicted with apparent joy by two partisans on candidate Trump mid-campaign?
A lot. Throughout this opinion, the judge miscasts his own behavior, visible to the world, shamefully hostile to the defendant, telegraphing with his words, tone and temperament an intent to demean.
Moreover, the prosecutor and judge target the former president’s sons for punishment, making a crime of something never previously viewed as a crime, also not taught as a “crime” in law schools – including New York law schools, just “business puffing” in the subjective realm of value assessment.
The judge then pretends common law fraud is not under discussion, that his punishment is not a penalty, just a civil act of “disgorgement” – giving back money when it is plainly a debilitating punishment.
Listing elements of common law fraud – including false statement, knowledge that it is false, reliance and damages, he sidesteps the entire thing, saying this is not common law fraud.
Why? Because he cannot prove those elements “beyond a reasonable doubt,” cannot prove the statements were false, anyone relied on them, or any damages.
Instead, the judge and prosecutor create their own non-crime crime, saying the “marketplace,” which has shown no harm, is the victim – of statements never proven knowingly false, or exclusively relied upon, or for which there were any damages or complaints.
This pretzel-like approach to trapping a defendant, making up standards and victims, pretending damages exist, that they were somehow horrendous, that anyone has ever been prosecuted like this – is audacious. It is also profoundly anti-democratic, further eroding respect for prosecutors and the courts.
But, we are not done. This judge cites Executive Law 63 (12), from 1956, to shoehorn defendant’s “puffing” into a heinous criminal act, prosecuted in civil form to avoid proof “beyond a reasonable doubt” (criminal standard, versus “more probable than not” the civil standard), just another cheat.
Insufficient room exists to properly unpack this ugly, disingenuous opinion. It rambles, miscasting much of the trial, demeaning the defendant. It oozes prejudice, undisguised hostility. The words “fair administration of justice” do not pop to mind.
Last, one must look at the whole multi-act play. These two actors have knowingly interfered with an election, which is a federal crime. They take no responsibility for that, just plan to skip away scot-free.
Creating something from nothing – making “business puffing” a crime, trying it on a civil standard, imposing a monster penalty on a political candidate they hate speaks to no integrity.
Net-net, this is a judicial system gone wild. The disarray needs to stop with the next election. What a disgrace, what a sad day for America … a $355 million dollar penalty inflicted for politics. Scary.
As someone who worked in the Banking industry as a Paralegal in the Commercial Loan Dept., It was my job to gather all the necessary documents from the customer. This included financial statements, appraisals, etc. The Bank also ran their own credit reports, appraisals, etc. A Bank never relies solely on the documents the customer has provided, it does their own “investigations” and makes their decisions on the information gathered.
I didn’t read of the Judge calling any of the Bank officers that President Trump dealt with or if any of their input went into this “guilty” decision. I agree that this trial was/is clearly a witch hunt. While the old puppet man in the WH, with the forgetful memory, gets off scot free. What’s wrong with this picture???
Yes, Mr. Charles — very scary. We now live in a country where a disturbing sizeable number of Americans are so full of vindictive hate that they think it’s just fine to bring President Trump to his knees, because The Orange Man is a direct threat to our country and our way of life. Nothing is further from the truth. President Trump is a true populist who cares for this country and wants it to flourish as a Constitutional Republic, President Trump is a strong and competent leader who truly believes in MAGA. President Trump believes in a free enterprise system governed by checks and balances. Even though he sometimes comes across as full of himself and rough around the edges, his motivations and policies are friendly to the American people — all American people. He isn’t into artificially propping up some segments of our society at the expense of what’s good for all the people. President Trump is a true patriot.
“These two actors have knowingly interfered with an election, which is a federal crime. They take no responsibility for that, just plan to skip away scot-free.” Of course they do. The citizens, though disgusted and angry about what their country has become, wring their hands and moan, looking around for SOMEONE to DO SOMETHING. If only they had the grit, commitment and determination of the Founding Fathers… The citizenry MUST DEMAND accountability and see to it that punishment is just and swift. Until then…EXPECT MORE OF THE SAME, or worse.
Any business in New York who doe snot see that writing on the wall is nuts. New York just warned every single business to get out of the state.
The state will file fake charges against you, and every executive in every business knows the charges were BS, they will put you through a sham trial and the will fine you huge penalties with no rational what so ever.
The fact is the risk of doing business in New York state is just too high.
While New York’s governors speech likely closed any doubt that it was an entirely political hit on Trump leaving the appeal 100% guaranteed to go to trump in any other state. New York is so corrupt that there is no guarantee. Intelligent CEO’s see that as well.
It is time to get out of New York.
By the way new york is not the only state democrat state pull crap like this. california has an law charging an exist fee for leaving the state.
Doesn’t this case represent the citizens of NY city since the AG was voted in? Difficult to feel sorry for the taxpayers if businesses flee and your AG ignores crime
This man has been chastised enough! Biden and his cronies have done far worse. They have handed over our country which is far worse than anything president Trump ever did. Enough is enough. Stop the sh-t show and prosecute the real criminals. But then there is so much underhanded criminal activity we will never reach the bottom.
Where is the money going and how will it be used, since their are no victims to pay?
Well RBC,
Will you finally acknowledge thst the rule of law is dead in this country and that we now operate under the same so-called “justice system” that exists in China, Russia and other dictatorial regimes?
ALL POLITICS If he did this this all realtors are libel
At Christies Auction, Carlton Fisks 1975 World Series Game 6 baseball sold for $170,000 and Eric Claptons black satin Stratocaster sold for $700,000. Git em, Bragg! Sounds like price gouging to me!
I have never seen anybody persecuted as much as President Trump. they are trying to take everything from him with their double standards and witch hunts. It is sad how our once free nation is being taken over with evil every day!
I believe the purpose of this whole charade is to tie up Trump’s time and money for legal fees, as are all the indictments, to interrupt his campaign. The real criminals here are Engoron, James, and Bragg, with many accomplices. It may never be sorted out. I’m amazed at Trump’s stamina and persistence in combating the array of forces against him (which have been tormenting him since before 2016). This is real evidence that the deep state exists, if anyone doubted it before.
The species of the genus known as marxist are all the same. The mocking mugshot of this judge represents a horde of fellow travelers. His is just the current face of the evil weve allowed to grow in this country unimpeded for nearly a century. If they can succeed in removing trump from the scene they will have won what is likely an irreversible victory.
This whole event sums up the entire democrat party. Laws are laws that are NOW re-interpreted and re-arranged to be carried out against any non left disagreeing entity that doesn’t cater to the crats and their ruinous socialist ways. Case in point,….the total border disaster in which on every level, the crat’s have ignored the countries Immigration and Naturalization Act.
Appeal and don’t give them a penny!
ALL POLITICS goes both ways OK Dems
A full disclosure it pains me to make: I live in NY. That said, a work of advice for any business thinking of coming to New York: DON”T! Despite Hochul’s claim otherwise, if they can do this to Trump, they can do this to anyone if they decide they don’t like your politics. Another word of advice, this time for any business already in New York: RUN!
This judge along with many many Democrats have no problem suspending whatever ethics they might have had, to advance their agenda. It is disgraceful.
Biden can extort millions from foreign governments adversarial to the U.S. and never be charged with anything, yet Trump can be fined multi millions for no crime committed; anyone that cares about the U.S. and it’s chance of survival into the future should be mad as hell for this duality of justice in America. Our forefathers should be rolling over in their graves for this corruption tossed onto this country by the Democrats and their menions.
A mockery of the so-called “justice” system; that’s all that was/is.
Excellent article. The illegal and unconstitutional scam trial against President Trump was exactly that. No due process was allowed.
Remember the Mayor of NY and their corrupt DA said they need $355 million to support their Illegal Alien Terrorist Invasion and will make President Trump pay the money for it? It was all the over FAKE news promoting it. This was pure politics playing election interference at the same time.
NY never had any legal case(s) against President Trump and still don’t.
The U.S. Supreme Court should throw all of these unconstitutional cases and unconstitutional decisions out.
With all of the democrats corruption and one-sided laws this is another reason I am voting for President Trump.
On Real America’s Voice’s, American Sunrise, reported that truckers that support Trump will refuse to make shipments to NYC in protest to the $360 million fine against Trump. I pray that enough of these truckers make good on this action!
So, are these idiots going to take every home seller to court when the house is valued a few thousand over what they judge to be fair? If you’re a registered Republican, the odds of this happening are 1000 times what the odds are if you’re a democrat. No harm, no foul!
Any company putting their merchandise on sale–whether they’re selling cars, clothing, or vacuum cleaners–might be judged to have “puffed” the value of the items…and be taken to court. Buying and selling in a free marketplace will bring price fluctuations all the time. But it’s understood that the price someone is willing to pay is what the market could bear on that day. To say Trump’s home was worth only $18 million is sheer folly, and that judge and AG should be dragged out of the courts. They should be punished for their willful disregard for the intention of the law. But what law?
My goodness, what is the world coming to?! This blatant display of prejudice should have had the case thrown out on day one. Isn’t there some line in an oath these judges take that addresses that?
Just like the ‘demoncraps’ do all the time. Whatever they want to do to screw someone and then walk away.
That George Soro judge should be disbarred and indicted along with Litisia James
They are against the Constitution NY and the prosecutor shouldbe fined $500million for this illegal move.
Absolutely ridiculous. This case should NOT even be in a court of law, at ALL! There is a long list of assaults against Trump’s rights as a free US citizen. One that is not talked much about is his rights under the “8th amendment” of our Constitution, was also infringed. These people are scum marxist sewer rats. Look out friends, these marxist authoritarians are coming after us. They want to control our thoughts, behavior and FREEDOM! And evidently seize our assets. BOYCOTT NY! GO BRANDON!
Trump all the way. This will only damage NYC and their citizens. This has nothing to do with the law. It’s deep state corruption and the country knows it.
Both need to be taken out and shot! Why can democrats break the law with impunity?UntilWe the People take Ourcountry back nothing will change!
I’m still flabbergasted at the pure narcissistic behavior that was shown by this ill use of the justice system and the judge that presided.The fact that so many Democrats, liberals and other people who don’t seem to be bothered by the verdict and reward is to me almost worse.I pity these individuals who obviously only care about their opinions, and can’t understand why they are not doing the correct thing. I pity them, how much they must hate themselves and take that out as bullies
Publish this everywhere! It needs to be read by everyone.
Spot on. An awakening and awesome read!
These guys have been promised a place in Bidens next administration or who ever the Democrats put in there with election fraud. Who ever goes after Trump or his minions, will have high ranking place with Obama next administration who ever that’s is… any bets it’s Michelle. Even though she says she doesn’t want it…yeah right. God help us. Satan is running amuck.
Can the Judge be held accountable for this? If not, how do we wrangle in these activist judges? Is there a Judicial review board which reviews verdicts and compares them to the Constitution? If not, THERE should be, there has to be another way to deal with activist judges, other than votes them out! The Judicial board should have the authority to remove a judge if he/she blatantly violates the constitution.
Liberals are simply giddy over this $350 million penalty is so absurd and obnoxious!! And this New Your State Judge Arthur Engoron is a despicable human who wears his politics on both sleeves every time he steps into his courtroom!!! His impish smirk on his face is like he is having the best time of his entire life with the opportunity to put a Democrat opponent in jail away from the availability of being the people’s choice ever again!!! But the people may have to revolt if things don’t change because we are going the route of all of the big dictators (I still think Barack has that aspiration in his head) where the opponents start disappearing and those who speak up start disappearing – Communism, Marxism, any kind of dictatorship is not good for anyone but the top echelon, the elite of that society – everyone else suffers!!!
I believe that this is blatant election interference and it cannot be allowed to stand!! Everyone who has had anything to do with all of this should be put in jail for treason!!!
If something like this had taken place in colonial America, the “judge” would have been hanging from a tree before the end of the day.
Looks like it will be open season on some judges in New York, Keep you aim clear and your powder dry.
The Biden Justice Dept. and blue states controlled by the democrats have weaponize their AG’s and their Liberal Judges in a star chamber to make up laws to punish their political opponents. Time to hold them accountable and deport George Soros.
No way can this go forth ???? President Trump has done nothing wrong ESPECIALLY compared to what these pos democrats keep getting by with (when substantial evidence is proven against them)
I heard businesses are leaving NewYork in support of Trump ???? good hope NY turns into a shithole like San Francisco
Ronald Reagan. FYI. Owner operators cannot be fired because they are the owner. Another thing for you to ponder. Have you been promised anything in the new socialist/communist New world order? What ever it is, you will not get it unless you are in the ruling 1per cent. Like all you parrot, It is all a lie told to the useful idiots like yourself.
AMAC sadly has disqusting trolls who obviously aren’t able to handle an opinion, supporting that with real facts.Sad to see this, and yes as one remarked? Being older as denigrating- I absolutely love being older, and proving my options through proof and being accepting of others who disagree respectfully.
There are no words . . . no, wait . . .
pure evil and malice are definitely applicable.
These scumbags have no morals whatsoever, it’s a total disgrace and a federal crime, but they will just get away with it like usual
Robert– This whole article is excellent (as usual!)–you should post to “X”. Not sure if anyone who should wise-up, will, though worth a try?!Char
Someone seriously needs to teach Ronnie boy Reagan (apparently trying to make the real Mr Reagan look bad) what crime is. When the supposed victim says they were NOT harmed or a crime was NOT committed against them, charges should NOT be pressed. When a DA and prosecutor along with a judge declares guilt BEFORE a trial, they are the truly guilty ones! Total disregard to true law and justice.
The. Person using the handle ronald reagan is an insult to the past president Ronald Reagan, stupid is what stupid says this guy is a idiot and an bum, this guy has no concept of what’s going on in the world, it just goes to show how some people in society are back words thinkers, no wonder are nation is in the position it is
Well new york will learn the hard way when all investors pill out of new york. Invester o’leary already has said he is pull out of new york and nolonger investing and will let all his Partners to pull out a New York investment as well.
Hey Ronald Regan, you are a troll, plain and simple who doesn’t know what the hell he’s talking about because you’re so blinded with TDS. There was/is no crime except for the crime committed by this judge and prosecutor who are breaking the law and making up the rules according to the DemonRats as they go. This will be appealed and they will lose big time.
Get a grip and get a life
But…what IS the crime?
Where is Republican support in Congress on this matter?