The fourth brief from Friday:
#PerkinsCoie:
• We have the evidence, the government brought none. 260 unrebutted statements of material fact and the government can't produce evidence of any reason to investigate us other than the President's animus.
• This was retaliation for our use of Constitutional rights, which requires strict scrutiny of the government's interest to take some narrowly tailored action. It wasn't narrow and they didn't attempt to argue so. That's why *we* won a full #SummaryJudgment. (To be fair, #Trump picked on us first — he's always hated us, he was sanctioned for his lawsuit against us — so we had a bit more time.)
• The Constitution gives *us* the right of speech protected from the Government. That the government wants to hide their motive by suppressing the Section 1 they wrote is not supporting any of their rights but part of an engineered scheme to murder ours.
• #PaulWeiss caved and got security clearances back across the board. Quid pro quo isn't how this is supposed to work, right?
• The Government never mentions the Fact Sheet which lays out this scheme and makes everything ripe for the courts to review. If agency X "will restrict" our access that's totally ripe for review, right?
Docs here: https://www.courtlistener.com/docket/70694462/perkins-coie-llp-v-doj/
Judge #BerylHowell struck down in its entirety #Trump's punitive #ExecutiveOrder targeting #LawFirm #PerkinsCoie as a violation of the US #Constitution's protections for #FreeSpeech & #DueProcess.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278290/gov.uscourts.dcd.278290.184.0.pdf
#law #SummaryJudgment #Injunction #FirstAmendment #FifthAmendment #SixthAmendment #RevengePolitics
Between this ruling, & the 2 #EJeanCarroll rulings, #Trump is down half a billion dollars in #legal #damages this year.
My #civil #fraud #TrumpOrganization #TrumpTrial threads:
starting w/ #Engoron’s pretrial #SummaryJudgment:
Woo Hoo! #Trump is found #liable for #fraud in #NewYork #civil case A #NY #judge ruled Donald Trump is liable for fraud for #exaggerating his #NetWorth by #billions of dollars a year on #financial #records submitted to #banks & #insurers, a major #victory for the state’s AG #TishJames before a high-stakes #civil #trial over remaining claims in the case. https://www.bloomberg.com/news/articles/2023-09-26/trump-found-liable-for-fraud-in-ny-attorney-general-s-case
my previous threads for some days of the trial:
Engoron’s pretrial #SummaryJudgment:
https://masto.ai/@Nonilex/111133424143457583
Day1: https://masto.ai/@Nonilex/111165905370021680
Day2: https://masto.ai/@Nonilex/111171796760680512
Day3: https://masto.ai/@Nonilex/111177313717257736
Woo Hoo! #Trump is found #liable for #fraud in #NewYork #civil case A #NY #judge ruled Donald Trump is liable for fraud for #exaggerating his #NetWorth by #billions of dollars a year on #financial #records submitted to #banks & #insurers, a major #victory for the state’s AG #TishJames before a high-stakes #civil #trial over remaining claims in the case. https://www.bloomberg.com/news/articles/2023-09-26/trump-found-liable-for-fraud-in-ny-attorney-general-s-case
More #Trump #legal news: A #NY #appeals court continues the #stay of #Engoron’s order canceling Trump’s NY #business certificates, but DENIES a stay of the other relief granted to the #NYAG after its #SummaryJudgment victory on its first claim of pervasive, widespread #fraud in financial statements.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=5p9NRTfcYFzQKAIUUmB_PLUS_Ig==
#law #civil #conspiracy #TrumpOrganization #LetitiaJames #TrumpTrial
Importantly, in Sept, Justice #Engoron ruled in his partial #SummaryJudgment that #Trump et al are – as a decided matter of law – liable for #fraud; this trial is only deciding the remaining charges of #InsuranceFraud, #FalsifyingBusinessRecords, considering whether defendants "intentionally & materially" violated the laws & determining the amount of #disgorgement.
The #trial will determine whether #Trump will pay a significant #penalty, as well as any other #punishments. #NYAG #LetitiaJames has asked that he pay $250M & that he & his sons be permanently barred from running a #business in #NewYork.
#legal #law #civil #conspiracy #fraud #TrumpOrganization #TrumpTrial
my previous threads for each day of the trial:
Engoron’s pretrial #SummaryJudgment:
Woo Hoo! #Trump is found #liable for #fraud in #NewYork #civil case A #NY #judge ruled Donald Trump is liable for fraud for #exaggerating his #NetWorth by #billions of dollars a year on #financial #records submitted to #banks & #insurers, a major #victory for the state’s AG #TishJames before a high-stakes #civil #trial over remaining claims in the case. https://www.bloomberg.com/news/articles/2023-09-26/trump-found-liable-for-fraud-in-ny-attorney-general-s-case
#NYAG #Amer questions #JeffMcConney more about how he #valued specific #Trump #properties & what info he may have excluded from his accountants’ assessment.
Note: Trump’s principal lawyer #ChrisKise is absent today.
Trump's legal team this morning filed a stay request to the state #Appellate Division (#AD1), to halt the #trial & #dismiss #Engoron’s #SummaryJudgment. #Kise, who was Florida’s solicitor general, (the top FL appellate lawyer). So presumably he’s dealing w/ they stay.
Trump’s lawyers plan to take action today against #Engoron's #SummaryJudgment.
They plan to file a #stay pending #appeal before #NY #AD1. In court yesterday, they refused to reveal the #scope of the requested stay.
Engoron's ruling found that Trump & his companies had committed repeated #fraud, & canceled #business certs for LLCs “controlled or beneficially owned” by Trump, his sons #DonJr & #EricTrump, & 2 #TrumpOrganization execs.
The judge's #SummaryJudgment ruling last week found that Trump & his companies had committed repeated #fraud, & canceled #business certificates for LLCs "controlled or beneficially owned" by #Trump, his sons #DonJr. & #EricTrump, & two #TrumpOrganization execs. It originally gave the parties 10 days to name a potential receiver, but Engoron extended the deadline at the request of Trump's lawyers. Trump filed a notice Wednesday that he's #appealing the ruling.
Richard Penner
Nonilex