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Donald Trump appeals $454 million judgment in New York civil fraud case
Legal Interview |
2024/02/26 23:54
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Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.
The former president’s lawyers filed notices of appeal Monday asking the state’s mid-level appeals court to overturn Judge Arthur Engoron’s Feb. 16 verdict in Attorney General Letitia James’ lawsuit and reverse staggering penalties that threaten to wipe out Trump’s cash reserves.
Trump’s lawyers wrote in court papers that they’re asking the appeals court to decide whether Engoron “committed errors of law and/or fact” and whether he abused his discretion or “acted in excess” of his jurisdiction.
Trump’s appeal paperwork did not address whether Trump was seeking to pause collection of the judgment while he appeals by putting up money, assets or an appeal bond covering the amount owed to qualify for an automatic stay.
Messages seeking comment were left with Trump’s lawyers and the New York attorney general’s office. Engoron found that Trump, his company and top executives, including his sons Eric and Donald Trump Jr., schemed for years to deceive banks and insurers by inflating his wealth on financial statements used to secure loans and make deals. Among other penalties, the judge put strict limitations on the ability of Trump’s company, the Trump Organization, to do business.
The appeal ensures that the legal fight over Trump’s business practices will persist into the thick of the presidential primary season, and likely beyond, as he tries to clinch the Republican presidential nomination in his quest to retake the White House.
If upheld, Engoron’s ruling will force Trump to give up a sizable chunk of his fortune. Engoron ordered Trump to pay $355 million in penalties, but with interest the total has grown to nearly $454 million. That total will increase by nearly $112,000 per day until he pays.
Trump maintains that he is worth several billion dollars and testified last year that he had about $400 million in cash, in addition to properties and other investments. James, a Democrat, told ABC News that if Trump is unable to pay, she will seek to seize some of his assets.
Trump’s appeal was expected. Trump had vowed to appeal and his lawyers had been laying the groundwork for months by objecting frequently to Engoron’s handling of the trial.
Trump said Engoron’s decision, the costliest consequence of his recent legal troubles, was “election interference” and “weaponization against a political opponent.”
Trump complained he was being punished for “having built a perfect company, great cash, great buildings, great everything.” Trump’s lawyer Christopher Kise said after the verdict that the former president was confident the appeals court “will ultimately correct the innumerable and catastrophic errors made by a trial court untethered to the law or to reality.”
“Given the grave stakes, we trust that the Appellate Division will overturn this egregious verdict and end this relentless persecution against my clients,” Trump lawyer Alina Habba said. |
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Late Justice Sandra Day O’Connor honored at Supreme Court ceremony
Legal Interview |
2023/12/18 19:46
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Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, was remembered Monday as a trailblazer who never lost sight of how the high court’s decisions affected all Americans.
O’Connor, an Arizona native who was an unwavering voice of moderate conservatism for more than two decades, died Dec. 1 at age 93. Mourners at the court on Monday included Vice President Kamala Harris, the first woman to serve in her role, and her husband Doug Emhoff.
Supreme Court Justice Sonia Sotomayor spoke at a private ceremony that included the nine justices and retired Justice Anthony Kennedy, as well as O’Connor’s family and court colleagues.
She would often say, ‘It was good to be the first, but I don’t want to be the last,’” Sotomayor said of O’Connor’s distinction as the first woman. She lived to see a record four women serving on the high court.
“For the four us, and for so many others of every background and aspiration, Sandra was a living example that women could take on any challenge, could more than hold their own in any spaces dominated by men and could do so with grace,” Sotomayor said.
O’Connor’s body lay in repose after her casket was carried up the court steps with her seven grandchildren serving as honorary pallbearers. It passed under the iconic words engraved on the pediment, “Equal Justice Under Law,” before being placed in the court’s Great Hall for the public to pay their respects.
Funeral services are set for Tuesday at Washington National Cathedral, where President Joe Biden and Chief Justice John Roberts are scheduled to speak.
O’Connor was nominated in 1981 by President Ronald Reagan and confirmed by the Senate, ending 191 years of male exclusivity on the high court. A rancher’s daughter who was largely unknown on the national scene until her appointment, she received more letters than any other member in the court’s history in her first year and would come to be referred to by commentators as the nation’s most powerful woman.
O’Connor had “an extraordinary understanding of the American people,” and never lost sight of how high court rulings affected ordinary Americans, Sotomayor said.
She was also instrumental in bringing the justices together with regular lunches, barbecues and trips to the theater. “She understood that personal relationships are critical to working together,” the justice said. |
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Opening statements begin in Jonathan Majors assault trial in New York
Legal Interview |
2023/12/04 17:23
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Opening statements began Monday in the criminal trial of actor Jonathan Majors, who was charged last spring for allegedly assaulting his then-girlfriend during an argument.
Majors did not speak as he strode into a Manhattan courthouse seeking to clear his name following an arrest in March that has effectively stalled his fast-rising career.
The six-person jury is expected to hear opposing narratives from 34-year-old Majors and his accuser, Grace Jabbari, a British dancer, about their confrontation in the back of a car.
Prosecutors said Jabbari was riding in a car with Majors in late March when she grabbed the actor’s phone out of his hand after seeing a text message, presumably sent by another woman, that said: “Wish I was kissing you right now.”
When Majors tried to snatch the phone back, he allegedly pulled her finger, twisted her arm behind her back and hit her in the face. After the pair got out out of the vehicle, he threw her back inside, Jabbari said.
Attorneys for Majors have maintained that Jabbari was the aggressor in the confrontation. They have suggested that prosecutors in the Manhattan District Attorney’s Office are targeting Majors because he is Black.
The arrest came weeks after the release of “Creed III,” a break-out role for Majors. He has also starred in the Marvel TV series “Loki” and the film “Ant-Man and The Wasp: Quantumania,” and was awaiting the release of another star vehicle, “Magazine Dreams,” which is now in limbo.
He could be sentenced to up to a year in jail if convicted. |
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Panama’s high court declared a mining contract unconstitutional
Legal Interview |
2023/11/30 23:53
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In a historic ruling, Panama’s Supreme Court this week declared that legislation granting a Canadian copper mine a 20-year concession was unconstitutional, a decision celebrated by thousands of Panamanians activists who had argued the project would damage a forested coastal area and threaten water supplies.
The mine, which will now close, has been an important economic engine for the country. But it also triggered massive protests that paralyzed the Central American nation for over a month, mobilizing a broad swath of Panamanian society, including Indigenous communities, who said the mine was destroying key ecosystems they depend on.
In the unanimous decision Tuesday, the high court highlighted those environmental and human rights concerns, and ruled the contract violated 25 articles of Panama’s constitution. Those include the right to live in a pollution-free environment, the obligation of the state to protect the health of minors and its commitment to promote the economic and political engagement of Indigenous and rural communities.
The ruling would lead to the closure of Minera Panama, the local subsidiary of Canada’s First Quantum Minerals and the largest open-pit copper mine in Central America, according to jurists and environmental activists.
The court said the government should no longer recognize the existence of the mine’s concession and Panama’s President Laurentino Cortizo said “the transition process for an orderly and safe closure of the mine will begin.”
Analysts say it appears highly unlikely that Panama’s government and the mining company will pursue a new agreement based on the resounding rejection by Panamanians.
“There are sectors in the country that would like a new contract, but the population itself does not want more open-pit mining, the message was clear,” said Rolando Gordón, dean of the economics faculty at the state-run University of Panama. “What remains now is to reach an agreement to close the mine.”
Analysts say the mining company is free to pursue international arbitration to seek compensation for the closure based on commercial treaties signed between Panama and Canada. Before the ruling, the company said it had the right to take steps to protect its investment.
With the ruling, the Panamanian government and the mining company are headed for arbitration at the World Bank’s international center for arbitration of investment disputes, in Washington, said Rodrigo Noriega, a Panamanian jurist.
Marta Cornejo, one of the plaintiffs, said “we are not afraid of any arbitration claim” and that they are “capable of proving that the corrupt tried to sell our nation and that a transnational company went ahead, knowing that it violated all constitutional norms.”
In a statement after the verdict, the mining company said it had “operated consistently with transparency and strict adherence to Panamanian legislation.” It emphasized that the contract was the result of “a long and transparent negotiation process, with the objective of promoting mutual economic benefits, guaranteeing the protection of the environment.”
Cortizo, who had defended the contract arguing it would keep 9,387 direct jobs, more than what the mine reports, said that the closing of the mine must take place in a “responsible and participative” manner due to the impact it would have.
The company has said the mine generates 40,000 jobs, including 7,000 direct jobs, and that it contributes the equivalent of 5% of Panama’s GDP.
The court verdict and the eventual closure of the mine prompted more protests, this time by mine workers. |
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