Court Rules That Trump $250M Civil Fraud Trial Will Go Forward Monday

18-24-61-B-17-17-4@lemmy.world to politics @lemmy.world – 494 points –
Trump $250M civil fraud trial will go forward Monday, AG plans to call his adult sons as witnesses
abcnews.go.com
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FYI: the 250M is the minimum penalty

Plus there is this:

In a pretrial ruling on Tuesday, a Judge Arthur Engoron ordered the cancelation of the Trump Organization's business certificates in the state after determining that Trump submitted "fraudulent valuations" for assets that were then used by himself, his eldest sons and his business to obtain better loan and insurance terms.

Looking at Luis Rossman's video on the matter, seems this is a common thing with New York commercial real estate. So I wonder if they'll crack down on that practice too?

Let's hope so. If this helps to stop others from committing multi million dollar fraud, we got two birds with this stone

They should have all those contracts then nullified due to this fraud, and redrawn at the proper terms with actual rates. If he doesn’t qualify, then have him immediately have to pay it back. That’s what would happen to any one of us schleps. Not to mention jail and probably wage garnishments and stuff. But hey. I could always run for President still. I guess?

No way Trump gets on that stand.

James plans to call Trump and his adult sons to the stand during the trial, according to a list of witnesses the AG has filed with the court.

You get called to the stand, you go on the stand.

Almost no one bothers because nearly everyone would plead the fifth. It's expected in court as the defendant.

I guess they're banking on Trump being that self important.

Fifth or not, if he gets called to the stand, he goes on it. Then he gets to sit there and make his own decisions, under oath, about how to respond to questions.

In a criminal case, "jurors cannot get information about a defendant's refusal to answer questions or go on the witness stand in their defense." But this is a civil case. "The protections you have in criminal prosecutions when taking the fifth do not apply in a civil case. A jury [or the judge, in this case] is free to make an adverse inference if you plead the fifth in a civil trial."

Call him up.

And I believe things that come to light as a result can lead to further civil and criminal charges?

Oh of course - that would be the case whether it was civil or criminal. New information comes to light that reveals additional crimes or liabilities, AG would need to look at whether those are prosecutable.

I’m sure that every insurance company, bank, and business that he defrauded using these fraudulent claims is going to want go after him.

This trial will have no jurors. It’s just the lawyers, the Trumps, a few related parties, and the judge.

Edit: I tried to find a source, but I’m on mobile, however I read it in one of the previous articles discussing this.

That doesn't change the nature of the Fifth Amendment in relation to a civil case. When it is a bench trial, the judge is the juror.

oh, I know. however, the judge is far less likely to be swayed by the Trump’s “Trumpiness” than even your average New York juror given their previous rulings in the case and their complete lack of patience with their lawyers’ arguments thus far.

All they have to do is put him on the stand and say something like “the libs say you’re the worst at dodging taxes, that you pay so much tax you practically give it away to poor people” to which he’d go on a 17 minute tirade about how he doges taxes bigger than anyone in the world and it’s all political and ok to do because he very smart man.

Just ask him who has the best golf courses, the most luxurious, the most valuable. Or maybe who's the best at avoiding taxes...

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The 5th works differently in a civil trial in a really important way. In a civil case the jury is allowed to assume he's guilty when he pleads the 5th.

The prosecution could say something like "Wow. You are pleading the 5th to A LOT of these questions. That looks really bad. Undoubtedly you know this. Yet you seem to have determined that providing an answer would be even worse for you."

Or something like that. I'm not a lawyer.

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Meh, they got Alex Jones on more than this and he’s still on the air agitating for terrorism.

Oh, gosh, that is so sad. I bet his dumbfuck supporters are going to be all the more excited for little daddy donnie since he's such a martyr and everything. Even though he utterly loathes such people, would never deign to spend a minute with them, and of course, will do sweet fuck-all for any of them, except make them feel that they are better than other people.