A former federal prosecutor has suggested that the victory achieved by New York Attorney General Letitia James in the civil fraud case against former President Donald Trump may potentially be overturned.
During a recent episode of the CAFE Insider podcast, Joyce Vance, a former U.S. attorney in Alabama, shared her thoughts on a particular topic. Vance, who co-hosts the podcast with Preet Bharara, another former U.S. attorney, expressed her views in a candid manner.
During the hearing on Thursday, Trump’s legal representatives made a plea to a New York appeals court, requesting the reversal or reduction of the substantial $500 million penalty imposed in the lawsuit filed by James, a Democrat.
It was encouraging to see that some of the judges on the court seemed open to the arguments presented, with one expressing concern over the “troubling” magnitude of the penalty.
When Bharara asked Vance about the likelihood of “outright reversal versus reduction,” Vance responded by saying, “I’m not very good at predicting outcomes in appellate courts. It seems more likely that there would be an outright reversal, rather than a reduction.”
In response, she stated, “It remains to be seen if they will ultimately engage in a discussion and come to a compromise. Tish James did not have a favorable outcome in court today.”
Vance has been contacted by Newsweek for further comment.
In February, Judge Arthur Engoron ruled in favor of James’ lawsuit, stating that Trump had been dishonest about his wealth on various documents provided to banks, insurers, and other parties in order to negotiate deals and obtain loans.
As a result, the judge ordered Trump and the other defendants to pay penalties totaling more than $350 million. With the addition of interest, this sum has now grown to over $489 million.
During the arguments on Thursday, John Sauer, Trump’s lawyer, argued that the penalty in the case was excessively harsh and described it as “draconian.” He also pointed out that there were no direct victims, as the banks involved in the transactions were content with the outcome.
According to his argument, if the verdict stands, individuals will live in constant fear of facing similar scrutiny when conducting real estate transactions, hindering their ability to engage in business in this sector.
According to Deputy New York Solicitor General Judith Vale, the penalty carries great weight due to the prevalence of fraud and illegality.
During a discussion on CAFE Insider, Vance emphasized that appellate judges tend to show a high level of deference towards the finder of facts’ perspective on the case.
Judge Engoron is the one examining the facts and making these decisions in this particular instance. Their determination of the true facts is what will be respected and followed. However, it is important to note that the current focus of this case is not centered around this matter.
According to legal experts, the concerns surrounding this verdict revolve around the interpretation of legal theories and statutes.
The appellate courts will now have the opportunity to reexamine these issues and come to their own conclusion regarding whether the trial judge’s decision was correct or not. This means that the current verdict is at risk, considering the arguments presented during the oral argument.
Source: Newsweek