Seven months after a trial judge fined Donald Trump $454 million for business frauds that the judge said “shock the conscience,” a New York appeals court appeared skeptical Thursday of some of the arguments underpinning the New York attorney general’s case against the former president.
A panel of five judges at New York’s Appellate Division, First Department heard Trump’s appeal and peppered both sides with concerns about the case — appearing to question some of the key elements of the state’s case, including the application of a consumer fraud statute, the justification for the financial penalty prosecutors sought, and the private nature of the transactions in question, mirroring well-worn defense arguments that failed during the case’s lengthy trial this year.
Trump himself did not attend Thursday’s hearing in New York.
“We have a situation where there were no victims, no complaints,” argued D. John Sauer, the same attorney who successfully argued Trump’s presidential immunity appeal to the Supreme Court earlier this year. “How is there a capacity or tendency to deceive when you have these clear disclaimers?”
While the judges expressed some skepticism about some of the defense’s claims — with one judge remarking that factual inaccuracies could have resulted in Trump’s statements being “completely fallacious” — some of the defense arguments were echoed in the judges’ questions.
“The defendants’ statements were not made for ordinary people,” noted Associate Justice David Friedman. “They were directed at some of the most sophisticated actors in business.”
Deputy Solicitor General Judith Vale, arguing for New York Attorney General Letitia James, emphasized the magnitude of Trump’s alleged misstatements and their importance to the banks that loaned the former president hundreds of millions of dollars.
Judges press New York AG as Trump appeals his $454M fraud judgment – ABC News (go.com)