Willie R. Tubbs, FISM News
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It took New York Attorney General Letitia James three years to wrap up her investigation into former President Donald Trump’s real estate dealings in the Empire State. It merely took Trump a matter of hours to craft a lengthy lambasting of the woman who seeks to permanently cripple his business operations.
James announced Wednesday that she was pursuing a civil, though not criminal, case against Trump and his adult children on allegations of fraud. In a case immediately complicated by the fact that no criminal charges are being sought, James accuses the Trump family of “astounding” amounts of fraud.
Trump, though, says the case is only about political posturing.
“Another Witch Hunt by a racist Attorney General, Letitia James, who failed in her run for Governor, getting almost zero support from the public,” Trump posted on Truth Social. “I never thought this case would be brought — until I saw her really bad poll numbers. She is a fraud who campaigned on a ‘get Trump’ platform, despite the fact that the city is one of the crime and murder disasters of the world under her watch!”
While Trump’s thoughts on the timing of the filing are conjecture, there is little doubt that James is hoping to make political hay with the filing. She is also trying her best to set up an easier path to victory.
By opting for the civil rather than criminal route, James has unburdened herself from the rigors of the “beyond a reasonable doubt” standard of evidence one must satisfy in order to get a criminal conviction. In a New York civil case, the evidentiary standard is that of “preponderance of the evidence,” loosely defined as “more likely than not to be true.”
While their freedom is not under threat, the Trumps are faced with a high-stakes game. James seeks to have the Trumps permanently banned from being in a leadership role in any New York business, as well as prevented for five years from buying commercial real estate in New York or applying for a loan.
Additionally, James is seeking $250 million in penalties, which she claims is the amount of money the Trump family has obtained through deceit.
James’ primary contention is that the Trumps overvalued their real estate assets as well as the Trump family patriarch’s personal wealth to get favorable deals from investment firms and other business interests.
“Claiming that you have money that you do not have does not amount to the ‘art of the deal,’ it’s the art of the steal,” James said in a press conference.
While it’s not clear how Trump would do against James in the court of law, in a battle of playground insults the former president is among the most skilled players on the globe. He responded not only with the earlier comment but several more salvos on Truth Social.
“Attorney General Letitia ‘Peekaboo’ James, a total crime-fighting disaster in New York, is spending all of her time fighting for very powerful and well-represented banks and insurance companies, who were fully paid, made a lot of money, and never had a complaint about me,” Trump wrote. “Instead of fighting murder and violent crime, which is killing New York State. She is a failed A.G. whose lack of talent in the fight against crime is causing record numbers of people and companies to flee New York. Bye, bye!”
Trump also spoke out against James in a Fox News interview yesterday, saying that her whole election campaign was built around attacks on him, calling the lawsuit a “continuation of a witch hunt.”
'CONTINUATION OF A WITCH HUNT': Former President Donald Trump joins @seanhannity to respond to New York AG's lawsuit over financial 'fraud and misrepresentation' allegations. https://t.co/p3lejANsSY pic.twitter.com/lYaHRjZjyq
— Fox News (@FoxNews) September 22, 2022
For all the posturing, neither side seems particularly interested in the case going to trial. The Trump team has already floated a settlement offer, one James rejected.
James, for her part, would face an uphill battle even in a civil trial.
As reported by the New York Times, the subjective nature of valuation, which in New York also comes with unambiguous warnings that they have not been audited, makes it hard to prove fraud or deceit.
This reality might be the reason James has hinted that her office is willing to strike a deal, saying her “doors were open” for discussions.
In all likelihood, the two sides will need to reach an agreement on two elements – the cost of the settlement and whether the Trumps accept any responsibility for wrongdoing. The latter will almost certainly prove the more daunting hurdle.
By all accounts, the Trump settlement offer included no admission of wrongdoing and it is unlikely the former president will budge on that matter. James, though, no doubt yearns for the chance to claim victory for having forced an admission.