Very interesting breaking news late this morning. Letitia James and her staff do not accept Donald Trump’s lawyers’ claim that it’s a “practical impossibility” for him to get the $454M bond that he needs to post by Monday morning, for the simple reason that nowhere is it written that ONE surety company needs to underwrite the entire sum and that the burden could be divided amongst multiple companies. Here is some case law to back that up.
Here is the link to the entire pleading and the cover letter. This is hilarious. Perhaps you need to have some background in reading legal pleadings to fully appreciate the hilarity but the simple fact is, Trump’s lawyers are twisting the facts and making him a victim, as usual, to get their goal, which is a stay on the appeal. The attorney general and her lawyers are using facts and law to blow their argument sky high. “Impossibility” in obtaining the money was the crux of his argument to get the court to stay the appeal so that his due process rights wouldn’t be affected, but really so he can just run out the clock.
“The most likely outcome, if I had to predict, is that the Court of Appeal will grant some kind of discretionary stay,” Thomas said.
“On the other hand, even if that’s the most likely path, I would say virtually every other option is bad for Trump — and they range from bad to disastrous,” he said.
Even the Wall Street Journal was kvetching about that the other day, poor Donald Trump, his due process rights. Now Letitia James office is calling bullshit. And yes, it gets worse. Look at the people making these claims about “practical impossibility” and the manner in which they’re making them.
Dennis Fan, Senior Assistant Solicitor General in James’ Office of the Attorney General says not only is Trump’s claim questionable, but the manner in which it was made, along with new claims made, were “improper,” as Just Security’s Adam Klasfeld reports. Further, he alleges, two of the people Trump’s attorneys relied on to support his claim are “unreliable,” because of their personal, professional, or financial interests. Klasfeld adds that the NY Attorney General’s Office is urging the court “to disregard Trump’s claim that posting a full bond is a ‘practical impossibility.’”
In his proposed court filing, Fan writes, “the Court should not consider defendants’ new allegations and arguments—which contend that a full bond or deposit is a ‘practical impossibility’ … because they are procedurally improper.”
Fan adds, “defendants’ reply affirmations are unreliable. The affirmation from Gary Giulietti does not disclose that he was an expert witness for defendants at trial or that Supreme Court found Mr. Giulietti’s trial testimony to lack credibility.”
“As the court explained, Mr. Giulietti ‘has an ongoing personal and professional relationship with Donald Trump.’ … Moreover, Mr. Giulietti has a ‘personal financial interest in the outcome of the case,’ because his company earns commission from the Trump Organization, including $1.2 million in 2022.”
“The court further found that Mr. Giulietti’s testimony was inconsistent with the testimony of other witnesses, including another defense expert,” Fan added.
Fan’s critique of Trump’s attorneys’ claims continued.
“The affirmation from Alan Garten is also unreliable. As Supreme Court found, he was personally involved in the fraudulent and illegal conduct that gave rise to the judgment in this case—including falsifying the reported size of Mr. Trump’s triplex apartment and helping defendants prepare Mr. Trump’s false and misleading 2020 and 2021 Statements of Financial Condition. … And as the Trump Organization’s general counsel, Mr. Garten has professional interests in this litigation.”
Now take a look at that. Garten, who is affirming Trump’s “impossible” situation is she same guy who lied about the true facts and figures pertaining to Trump Tower and Trump’s other holdings, which then went into his bogus financial statements.
Trump’s lawyers are whores, plain and simple. They evidently cobble together these specious, makeweight arguments because Trump wants to pay somebody to file garbage in the court system, rather than simply accept the fact that he has no case.
Everything he had said and done is based on lies. No wonder he hires other liars. Invertebrates like squid spew ink into the water as they retreat from predators to cloudy the water to make their escape. This spineless pig uses the same method. Unfortunately the law is full of similar creatures.
Here’s the question Team Trump should have to answer to the appeals court: Mr. Trump, the record in your trial that resulted in this judgement includes a videotaped deposition you made UNDER OATH during which you claimed to have four hundred million or more in cash, readily available. And that more was coming in. Now you say you don’t have that money, at least in cash. It’s also a matter of record you have a fundraising operation that’s according to filings brought in enough for you to pay your lawyers. So, returning to your TESTIMONY about your liquidity, having at least 400 million in cash you were either lying then or you’re lying now. Which is it?
If Trump has signed off on a legal filing stating he doesn’t have the cash, or even a substantial portion of what he testified he had available then he’s committed perjury. Or he committed perjury during the trial! I don’t know about you but I think James should file perjury charges against Trump. It won’t go to trial anytime soon but it’s a simple matter the public can easily understand. He either flat-out lied to the court for his actual trial, or he’s lied to the court as part of his appeal. Either way he’s committed a felony!
And, as I said it’s one even a lot of dumbass MAGAs will be able to “get.”
A thumbs down nazi who loves a lying fascist pig!
gee. more lies from trump & co. These fools are a f*cking joke and not a very funny one at that.
Yet again, lies, bluster, rhetoric, spin and obfuscation come up against facts.
Which proves they are worthless lies, bluster, rhetoric,spin and obfuscation.
What a shame for Trump that courts decide things based on facts and reality, not hopes and wishes.
This is great. The reason nobody picked up on this is that everyone was so delighted with the idea that Trump could not get a bond. But on the other hand, I don’t think anybody (except possibly Trump himself) thought the court would give him a stay.