New York Attorney General Letizia James asked a federal judge in Florida to dismiss the former president Donald Trump’s second attempt to “finish out” her fraud lawsuit against him in Manhattan.
“This action is Mr. Trump’s second improper attempt to collaterally challenge and circumvent judgments rendered by the New York Trial’s presiding judge, Justice Arthur Engoron‘, the AG’s assistant wrote in a 23-page motion to dismiss.
Engoron, who once tried Trump for disobeying a subpoena, led the years-long fraud investigation and is currently leading the resulting lawsuit. James accuses Trump, his adult children and his company of engaging in pervasive fraud over the course of about a decade.
James notes that Trump filed his first such attempt in federal court in upstate New York a year ago, before the attorney general filed her lawsuit, but at the height of her investigation. Trump claimed the Democratic attorney general’s investigation was politically motivated, but a federal judge dismissed that case and found no reason for a federal court to interfere in state proceedings.
“This second attempt to evade the New York trial and the authority of Judge Engoron should meet the same fate for many independent reasons,” the motion said.
She argued that a federal judge in Florida had no jurisdiction over a New York attorney general.
Under the Supreme Court Rooker Feldman By way of precedent, James says Trump has no jurisdiction as a “state court loser” seeking to collaterally attack the court’s final, contestable orders.
Trump’s claim that the fraud lawsuit was politically motivated has repeatedly failed in court, James noted.
In the first instance, New York Supreme Court Justice Engoron rejected them.
He was not alone in this determination.
“The premise of Mr. Trump’s lawsuit is that OAG’s investigation and prosecution of the New York Trial is unlawful and violates his constitutional rights, based on public statements made by AG James,” the filing states. “But that allegation is ruled out by a final order from Judge Engoron confirming the investigation to be sound in law and fact and not attributable to animus, which was unanimously upheld on appeal by the New York City Appellate Division. The federal judge in New York came to the same conclusions.”
Judge Engoron also appointed an observer to oversee the Trump organization, noting a “proven propensity” by Trump, his children, and his businesses to “engage in ongoing fraud.” Then he commissioned this observer – the former judge of the Southern District of New York Barbara Jonesa former special master in the cases of Michael Kohen and Rudy Giuliani — with immediate reporting of “unusual”, “suspicious” or “fraudulent” activity.
A Manhattan jury recently convicted the Trump Organization of a 13-year tax fraud scheme after hearing testimony from its former chief financial officer Allen Weisselbergwho pleaded guilty.
James’ lawsuit is civil in nature and seeks to prevent Trump or his children from serving as an officer or director of a New York corporation. She says the effort should not face opposition from a federal court in the Sunshine State.
“Put simply, this case should be dismissed with prejudice,” the motion reads.
Finally, she adds that the court should impose “any other remedy that the court thinks necessary and appropriate” in addition to permanent dismissal.
Trump’s lawyer did not immediately respond to an email requesting after-hours comment.
Read the motion to dismiss here.
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https://lawandcrime.com/trump/new-york-attorney-general-asks-federal-judge-in-florida-to-dismiss-donald-trumps-attempt-to-end-run-new-york-fraud-suit/ Trump wants to end fraud lawsuit in Florida