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By: Michael R. Sisak & Jennifer Peltz
Fresh off victories in other legal cases, Donald Trump on Monday pressed a New York appeals court to overturn the nearly $500 million New York civil fraud judgment that threatens to drain his personal cash reserves as he campaigns to retake the White House.
In paperwork filed with the state’s mid-level appeals court, the former president’s lawyers said Manhattan Judge Arthur Engoron’s Feb. 16 finding that Trump lied to banks, insurers and others about his wealth was “erroneous” and “egregious.”
Trump’s appeal arguments echoed many of the gripes he delivered during his trial to TV cameras outside the courtroom.
His lawyers argued that New York Attorney General Letitia James’ lawsuit should have been promptly dismissed, the statute of limitations barred some allegations, that no one was harmed by Trump’s alleged fraud and that James’ involvement in private business transactions threatens to drive business out of the state.
Trump’s lawyers contend that Engoron’s decision, if upheld, would bestow James, a Democrat, with “limitless power to target anyone she desires, including her self-described political opponents,” Trump’s lawyers wrote in a 116-page filing with the Appellate Division of the state’s trial court.
Engoron rejected many of the same objections as the case proceeded to trial last year, at one point equating them to the plot of the film “Groundhog Day” and fining some of Trump’s lawyers $7,500 each for “repetitive, frivolous” argument. The Appellate Division previously denied Trump’s bid to end the case on statute of limitations and other grounds.
Trump posted a $175 million bond in April to halt collection of the judgment and prevent James’ office from seizing his assets while he appeals. If he wins, he won’t have to pay the state anything and will get back the money he has put up now.
“Such an outrageous miscarriage of justice is profoundly un-American, and a complete reversal is the only means available to restore public confidence in the integrity of the New York judicial system,” Trump lawyer Christopher Kise said in a statement. He called Engoron’s decisions “legally bereft” and “untethered to the law or to commercial reality,” and described the staggering judgment as “draconian, unlawful, and unconstitutional.”
The Appellate Division has said it will hear oral arguments in late September. Trump’s lawyers initiated the appeal days after Engoron’s ruling and had until Monday to file written arguments.
James’ office said Trump and his lawyers are raising unfounded arguments.
“We won this case based on the facts and the law, and we are confident we will prevail on appeal,” James’ office said in a statement.
Monday’s appeal filing is the latest development in a momentous legal and political stretch for Trump, who last week accepted the Republican party’s presidential nomination just days after he was hurt in a shooting at a campaign rally in Butler, Pennsylvania. An attendee was killed and two others were hurt.
On July 1, the Supreme Court sided with Trump in ruling that ex-presidents have immunity from criminal prosecution for official acts performed while in office, further delaying his Washington, D.C., election interference case and causing his sentencing in his New York hush money criminal case to be delayed until Sept. 18 while his lawyers fight to have that conviction thrown out.
On July 15, a federal judge in Florida dismissed Trump’s classified documents case, ruling that Special Counsel Jack Smith, who filed the charges, was illegally appointed by the Justice Department.
(AP)