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The New York attorney general is getting desperate as the former president nears the White House, Trump's lawyer has said in a court filing.
Clifford Robert wrote a strident response to Letitia James' attempt this week to have Trump banned from the real estate industry.
"This latest salvo reveals her desperation and obvious frustration with President Donald J. Trump's ongoing ascent towards the White House," Robert wrote in a court filing on Wednesday. The full letter is posted below.
In James' lawsuit against Trump, Judge Arthur Engoron has already found that Trump fraudulently inflated the value of his assets to secure bank loans. Colleen Faherty, a lawyer in James' office, wrote in a court filing on Tuesday that banning Trump for life from the real estate industry was a suitable punishment.
In her submission, Faherty compared Trump's situation to that of Martin Shkreli, who was banned for life from the pharmaceutical industry for attempting to create a monopoly while increasing the price of a life-saving drug by over 4,000 percent.
Newsweek sought email comment from Trump's attorney on Thursday.
Robert wrote that James' "brazen attempt to compare this case to that of Martin Shkreli fully demonstrates her willingness to wield the power of her office recklessly in her crusade to destroy the front-running candidate for President of the United States."
"Left unchecked, the Attorney General's conduct will cause irreparable damage to the legal system and the New York business community. The Court must and should therefore reject the Attorney General's reliance on the Shkreli case as both misplaced and irresponsible," Robert wrote.
"As the record evidence established, not one witness, not one complaint, and not one victim supports the Attorney General's manufactured claims of 'fraud' against President Trump. The Attorney General nevertheless cites Shkreli in support of her request for imposition of a lifetime ban on President Trump's conduct of lawful business in New York made without the testimony of one witness, one complainant, and/or one victim who established any 'fraud' ever took place," he added.
"The absurdity of the Attorney General's latest effort would be almost comical but for the sobering future consequences of her shameless abuse of power," Robert wrote to Judge Engoron. "Such shocking and tyrannical interference in the free markets for political gain places every New York business transaction at risk."
In her letter, filed on Tuesday, Faherty informed Engoron about the appeals court decision in the case of Martin Shkreli, nicknamed "Pharma Bro" by the media, who has been banned for life from the pharmaceuticals industry. She noted that Shkreli was also fined more than $60 million.
According to Faherty, New York State Executive Law 63(12)—which was used in the New York attorney general's lawsuits against both Trump and Shkreli—gives the court the ability to "issue a permanent and plenary ban in a particular industry" and should be applied to Trump.
Trump, his two eldest sons, Donald Trump Jr. and Eric Trump, as well as the Trump Organization, are co-defendants in the $370 million civil fraud trial brought by James. She accuses the former president of inflating his net worth by billions of dollars to obtain benefits such as better bank loans and reduced tax bills.
The former president denies wrongdoing. Trump has repeatedly said that the litigation was politically motivated to derail his 2024 presidential campaign, given he is the frontrunner for the GOP nomination.
In September, Engoron ruled that Trump, his adult sons, their businesses and executives committed fraud in their property valuations. The court will decide on six other accusations, including falsifying business records, insurance fraud and conspiracy claims.
The trial ended on January 11 and Engoron said he hoped to issue a ruling by January 31.
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more