17 posts from Friday, October 6, 2023

Let's bring in Fox News legal analyst, he's Greg Jarrett. Greg, this story. Greg, you have an excellent, sharp legal mind. I'm not just saying that to blow smoke, it's true. You've looked at this New York fraud case against former President Trump. Does it violate Trump's constitutional due process rights and rights to a jury? - Oh, I think it absolutely does. This executive law, Liz, was intended for consumer fraud cases impacting the general public. Here, the public wasn't impacted at all. Indeed, no party was harmed, which is normally an element of proof and fraud cases. The banks made more than 100 million in profits from the loans to Trump. So this statute, as it's being used by Letitia James, is really turning the law on its head. It gives her unfettered authority to pursue Trump for fraud without actually having to prove the basic elements of fraud demanded by law. And that, as you say, deprives the defendant of a right to fairly defend himself, and it also deprives him of a right to a trial by a jury, both of which are due process violations under the 5th, the 7th, and the 14th Amendments to the Constitution. But let me point out one other argument here. It's also unconstitutional, Liz, in a different way. The judge's order of forced dissolution of any company that Trump has an interest in, well, what's that gonna do? It's gonna adversely impact every other business partner and entity associated with Trump that are not part of this case. They weren't even sued. They'll be harmed with no notice, no right to defend their interests. How is that consumer protection? It's not, it's consumer punishment. This isn't equitable relief, which the statute calls for. It's a severe penalty where trial by jury rights are utterly abandoned. - You know, the New York law this case is brought under, let's show the viewer. It does not require a victim, no need to prove intent into fraud, but the judge can force Trump to pay a quarter billion dollars and lose all his properties. You know, David Asim points out the very definition of fraud in the dictionary includes intent. But this law is so overbroad, you know, and by the way, the attorney general campaigned on going after Trump, calling him a quote con man, saying I'm gonna direct a bright light into every dark corner of his real estate dealings. But you know, the thing is Greg, you make important points here. Judge Engaron, he acknowledged no victim of Trump's fraud, lodged a complaint or otherwise claimed damages. Deutsche Bank didn't file for damages. Usually a murder conviction requires that the victim's body be found. And there's also this, I gotta say in this point, it's important. The judge's order cites that courts have ruled that a state has a quasi-sovereign interest in protecting the integrity of the marketplace. The New York attorney general, Greg, is not the sole guardian of the marketplace. The SEC is in there, the Federal and State Bank and insurance regulators, they've got oversight too. - Yeah, at all excellent points, they're all quite valid that you just made, Liz. Look, this case should never have been filed. It's a classic case of a political persecution under the guise of a legitimate prosecution. And in my judgment, it's illegitimate for the reasons I've stated and you've stated. Letitia James, you'll recall, ran for office on the campaign promise of quote unquote, getting Trump for something, anything. I don't have it, but I'll find it. In other words, she prejudged a case of which she had no knowledge. She hadn't even opened the files yet on the investigation that was pending. That is a terrible violation of the canons of ethics governing prosecutors. In my judgment, she ought to be severely sanctioned, if not disbarred. She won't be because the far left liberal New York bar is cheering her on instead of doing their job. And the judge seems equally biased in this case. He endorsed this pronouncement that Mar-a-Lago is worth a paltry 18 million. I mean, you can't buy a porta potty in Palm Beach for that. And the real estate experts say, are you kidding the land alone 17 acres in this exclusive sought after enclave is worth $500 million. So, you know, this is using the reins of government power for political persecution against Trump. - Got it, Greg Jarrett. Thanks for coming on the show. It's good to see you.

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