Trump Sues New York Judge To Try To Stop Fraud Lawsuit
September 16, 2023
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4:55Irate Kevin McCarthy Curses Out Republicans And Dares Them To Cross Him
5:04Now PlayingTrump Sues New York Judge To Try To Stop Fraud Lawsuit
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as posted by the channelDonald Trump is trying desperately to stop the upcoming fraud lawsuit against him and his sons, and this past week he actually filed a lawsuit against the judge in the case to stop the suit from proceeding. This is a great way to piss off the man who is overseeing your fate and the fate of your company, but it isn't such a great strategy in terms of the law. Trump is clearly desperate to prevent the details of this case from becoming public, as Farron Cousins explains.
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*This transcript was auto-generated. Please excuse any typos.
Well, folks, Donald Trump is so desperate to halt the fraud trial that begins on October 2nd against him, his adult sons, and of course, the Trump organization. He's so desperate to make it go away, that he has now filed a lawsuit against the judge, judge Arthur Geron, who's overseeing that trial. Trump is now suing him to stop the trial. He's suing him under what's known as an article 70, uh, uh, 78 proceeding. Now, let me read this, in an emergency court filing Thursday morning, attorneys for the former president and his associates cited a urgency that required New York's higher courts to step in. They wanted an appellate judge to commence an Article 78 special proceeding against Justice Arthur f Eron, one that would force him to decimate a case brought by the Attorney General Letitia James Trump's filing claims. Geron and James are trying to defy an appellate court ruling that could limit James' lawsuit against Trump that claims he defrauded investors by overstating the Trump organization's values. Um, here's the thing.
Such a thing doesn't exist, right? Like there, there, there is no actual appellate court ruling that says you cannot move forward with a trial. So I don't know what they're talking about, but they're like, Hey, the appellate court said they, they can't do this and they're still doing it. So you gotta, you gotta do this article 78 proceeding here so that we can make it go away. Like that's, that's, that's not gonna happen. That's not even what that's for. Let me read you this from the New York State law, article 78 proceedings are lawsuits mainly used to challenge in action or inaction by agencies of New York state and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority. Notably, appeals of decisions of the New York Department of Labor's unemployment insurance, uh, appeal board are an exception.
Such appeals must be made, blah, blah, blah. Although Article 78 proceedings are available to appeal most administrative actions in New York, the law is governing. The particular agency or body should be consulted to determine if there is a specific appeal procedure. For example, real property law establishes a process to be used by a homeowner who wants to challenge their property tax assessment. Court determinations and civil and criminal matters generally fall outside the scope of Article 78 review, with some exceptions. Is this an exception? Probably not. This is pretty much a straightforward, you lied. We have evidence that you lied. We're gonna go to court and prove that you lied, and the jury's gonna determine whether or not you're gonna pay us $250 million. That's a pretty
Straightforward thing. There's not all kinds of procedural hurdles. There's not other New York agencies that have to be involved in this that would necessitate an Article 78 proceeding. Now, I know there's a lot of legal jargon in here, folks, but let me just boil it down to the most simple thing. Trump's trial shouldn't fall under this rule, and I think he knows that, and I'm pretty sure his lawyers know that. But I think they also know something else. You wanna off the judge. A good way to do that is to effectively sue them by using this article 78 proceeding. Another good way is to lie about what the appellate Court said. The appellate courts have not said this trick, this case can't go forward. And yet, I mean, I just read the thing like y'all, y'all are trying to argue that and say that they did say that.
No, they didn't. So none of this makes any sense. None of this is going to be successful, but it shows you how desperate Trump is to stop it. The question is why this isn't a criminal lawsuit. This is civil. You're gonna have to part with money, which you love more than anything else. And I get that that makes you mad. But what really makes him mad, what scares him about this trial is the information that'll come out to the public.
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