In his ongoing battles against an investigation by New York State Attorney General Letitia James, Donald Trump has suffered his second legal defeat in two days. Today, Federal Judge Brenda Sannes of the U.S. District Court in Syracuse threw out a lawsuit filed by Trump to try to stop James from investigating him, his children and his company for possible tax, insurance and bank fraud in connection with certain real estate holdings.
James had filed a motion with the court to dismiss the lawsuit. The judge granted her motion to dismiss, saying in her decision of 43 pages that Trump had not provided proof that the investigation was being conducted in bad faith and as a political move as he alleged.
Judge Sannes said, in part, that if she ruled in Trump’s favor, it would be interfering with a process that is under the jurisdiction of New York state, which a federal court should not do.
With respect to Trump’s contention that James was politically motivated and retaliating when she subpoenaed Trump and two of his children and then took them to court to enforce the subpoenas, Judge Sannes said, “(the)Â Court finds that Plaintiffs have not established that the subpoena enforcement proceeding was commenced for the purpose of retaliation.” She went on to say, “Plaintiffs have not established that Defendant (James) commenced the New York proceeding to otherwise harass them.”
Trump”™s Attorney Alina Habba said they would appeal the decision.
In a posting on Twitter, Letitia James said, “In a big victory, a federal court dismissed Donald Trumps baseless lawsuit to stop my office”™s investigation into his and the Trump Organization”™s financial dealings. Frivolous lawsuits won”™t stop us from completing our lawful, legitimate investigation.”
Yesterday, May 26, The Appelate Division, First Judicial Department of the Supreme Court of the State of New York released its decision that Donald Trump, Donald Trump Jr., and Ivanka Trump must testify in James”™ investigation.
The Trumps previously had been ordered to testify by Supreme Court Judge Arthur Engoron and they were appealing his order.
The court said that James acted properly in launching her investigation “after testimony before Congress by Michael Cohen, former Trump Organization senior executive and special counsel, in which Cohen alleged that respondent The Trump Organization, Inc. had issued fraudulent financial statements. This sequence of events suggests that the investigation was lawfully initiated at its outset and well founded, apart from any parallel criminal investigation undertaken by the District Attorney.” The reference was to the criminal investigation launched by former Manhattan District Attorney Cyrus Vance Jr.
The Appelate Court ruling knocked down the Trumps”™ assertion that they had been singled out for prosecution by James.
“To the extent a selective prosecution claim may, in some circumstances, defeat a subpoena in a civil investigation, the court (Judge Engoron) properly rejected appellants”™ arguments. A claim of selective prosecution requires a showing that the law has been administered ”˜with an evil eye and an unequal hand,”™” the Appelate Court said.
In a statement reacting to the Appelate Court ruling James said, “Once again, the courts have ruled that Donald Trump must comply with our lawful investigation into his financial dealings. We will continue to follow the facts of this case and ensure that no one can evade the law.”
Among the Trump real estate holdings being looked at in James”™ investigation is the Seven Springs Estate in Westchester.
