Donald J. Trump v. Letitia James

[MN-Skeptic]

This deserves its own thread.

From the New York Times article -

Trump Sues New York A.G. in Attempt to Stop Inquiry Into His Business

Donald J. Trump filed a lawsuit on Monday against the New York State attorney general, Letitia James, seeking to halt her long-running civil investigation into his business practices and to bar her from participating in a separate criminal investigation.

The suit, filed in federal court in Albany by Mr. Trump and his family real estate business, argues that Ms. James’s involvement in both inquiries has been politically motivated. It lists statements she has made that Mr. Trump’s lawyers argue are evidence of her bias against him.

“Her mission is guided solely by political animus and a desire to harass, intimidate, and retaliate against a private citizen who she views as a political opponent,” the suit reads.



The lawsuit argues that Ms. James violated Mr. Trump’s constitutional rights, robbed the former president of due process and attempted to chill his political speech.

It highlights a long list of public criticism she has leveled at Mr. Trump over the years, including a 2017 tweet declaring that she was “leading the resistance against Donald Trump in NYC.”

The lawsuit contends that Ms. James, the New York City public advocate at the time, campaigned for attorney general in part on an anti-Trump agenda.

Since it's at the New York Times, it's probably behind a paywall, but I imagine that other articles will be appearing about it.

A link to the lawsuit - https://storage.courtlistener.com/recap ... 51.1.0.pdf

[MN-Skeptic]

[raison de arizona]

Well, she clearly has personal and political feelings for him, but that doesn’t make her any less the AG and him any less a criminal. Allegedly.

[filly]

Well, she clearly has personal and political feelings for him, but that doesn’t make her any less the AG and him any less a criminal. Allegedly.

Exactly! It's like Al Capone claiming the FBI guys had it in for him. Another bullshit lawsuit. As usual I want to know which federal judge gets this case. I haven't read the bullshit lawsuit but is he asking for an injunction? Because if not, boo fucking hoo.

ETA: Just skimmed the Petition for Declaratory and Injunctive Relief. Poor Donald.

[filly]

[filly]

[filly]

[northland10]

As usual I want to know which federal judge gets this case.

Brenda Kay Sannes, Obama appointee

Assigned to Magistrate Judge Christian F. Hummel

[notorial dissent]

I was going to say, kinda sorta like John Gotti going to court to stop the NYC DA from investigating him because they had it in for him, but Capone works too, also, but filly beat me to it. Po widdle Donny, the mean old AG is digging in to all his financial scams and crimes. Boo effing hoo!!!!

On another note, I wonder if he actually paid a real lawyer to file this, since it doesn't sound much like the Roodles, although, as I recall, this is something he might actually have some expertise in.

I really do like Mike's comment on the subject, "blazing new trails through the fields of frivolousness" is just magnificent. You just couldn't make this up.

[Uninformed]

The complaint plant is signed by Alina Habba, Esq., of HABBA MADAIO & ASSOCIATES LLP, who has represented the DFO before.

[filly]

As usual I want to know which federal judge gets this case.

Brenda Kay Sannes, Obama appointee

Assigned to Magistrate Judge Christian F. Hummel

TYVM!

[notorial dissent]

Hopefully they have a good cash retainer on hand to deal with the inevitable frivolity and resource waste. On the other hand, easy money.

[filly]

Hopefully they have a good cash retainer on hand to deal with the inevitable frivolity and resource waste. On the other hand, easy money.

I don't think Letitia James will hesitate to ask for sanctions. So maybe not so easy money. Maybe.

[filly]

[raison de arizona]

I beg to differ. Or expand, at least. Not just for the PR war, also to delay and distract from the real issues.

[woodworker]

As usual I want to know which federal judge gets this case.

Brenda Kay Sannes, Obama appointee

Assigned to Magistrate Judge Christian F. Hummel

Well now, clearly planted there back in the day by the deep state commies socialist, etc., etc., etc. in order to vindictively go after trump after he had been impeached twice, lost the popular vote twice, etc. despite being selected by J'ayezeus. Good job Soros.

[raison de arizona]

Somebunny is skeered and unbalanced.

[filly]

There are some composition issues with that "statement." Sounds like he's worried about something.

[Dr. Caligari]

I was going to say, kinda sorta like John Gotti going to court to stop the NYC DA from investigating him because they had it in for him, but Capone works too, also, but filly beat me to it. Po widdle Donny, the mean old AG is digging in to all his financial scams and crimes. Boo effing hoo!!!!

On another note, I wonder if he actually paid a real lawyer to file this, since it doesn't sound much like the Roodles, although, as I recall, this is something he might actually have some expertise in.

I really do like Mike's comment on the subject, "blazing new trails through the fields of frivolousness" is just magnificent. You just couldn't make this up.

Can you say "Younger abstention," boys and girls? I knew you could!

[bob]

Question from an overseas IANAL: does that actually have any effect? Can just anyone (other than white privilege) ask a court to halt judicial investigations?

My WAG is it is possible, but only under the rarest of circumstances.* Like if an obviously racist police officer was using the power of the state to harass innocent people of color.


* Rare now; 60 years ago abuses of police power against people of color was not uncommon.

[MN-Skeptic]

My WAG is it is possible, but only under the rarest of circumstances.* Like if an obviously racist police officer was using the power of the state to harass innocent people of color.


* Rare now; 60 years ago abuses of police power against people of color was not uncommon.

I have heard that Orange is the new Black.

[notorial dissent]

Somebunny is skeered and unbalanced.

I am certain those are Te Donald's deeply held sentiments, everyone IS out to get him, but I don't believe for a moment he wrote it, too many big words, too grammatically correct and altogether too coherent. That being said, a total tissue of lies as usual.

I do agree with filly, I think his law firm may have run out of luck on this one, and if it is as bad in law as I expect, they deserve to be sanctioned. It is about time that some of these lawyers face the consequences of their actions.

[Dr. Caligari]

Question from an overseas IANAL: does that actually have any effect? Can just anyone (other than white privilege) ask a court to halt judicial investigations?

My WAG is it is possible, but only under the rarest of circumstances.* Like if an obviously racist police officer was using the power of the state to harass innocent people of color.


* Rare now; 60 years ago abuses of police power against people of color was not uncommon.

To oversimplify a complicated area of law, the Supreme Court held in a line of cases starting with Younger v. Harris(1971) that federal courts cannot enjoin an ongoing state investigation or prosecution, unless the state defendant/federal plaintiff makes a strong showing that the state proceeding is violating their constitutional rights and that they are unable to assert their federal rights as a defense in state court. (Lawyers call this "Younger abstention.") That second prong is virtually impossible to satisfy; for example, Trump could move in New York State court to quash James's subpoenas and raise all of his supposed constitutional claims in that state court case, so a federal court will refuse to hear this suit.

[MsDaisy]

My WAG is it is possible, but only under the rarest of circumstances.* Like if an obviously racist police officer was using the power of the state to harass innocent people of color.


* Rare now; 60 years ago abuses of police power against people of color was not uncommon.

I have heard that Orange is the new Black.

[northland10]

Sort of surprised he did not end the screed with, "Why is Hillary not being investigated constantly like Trump. Not Fair."