Originally published at: Trump's NY fraud case to move forward, Ivanka escapes on a prosecutor's error | Boing Boing
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Wait, what? Am I understanding it wrong, or is his defence that the crimes he did were okay, because it was none of the AG’s business?!?
I think his lawyers’ argument is that the New York AG shouldn’t have standing to file a civil suit against Trump for fraud since the victims were the lenders rather than the state. So not quite as ludicrous as saying the AG can’t pursue criminal charges for crimes committed against private individuals but still a pretty weak defense.
It also said all claims against Trump’s daughter Ivanka Trump should be dismissed because James filed them too late.
Is this, maybe, signs of Ivanka doing a deal with the AG; getting the charges dropped in return for info on her dad? I hope so.
That kind of makes more sense. I’m almost upset that they’re not going for the ‘we did it in private, you saw nothing’ gambit though. It would have been funny.
The AG doesn’t appear to have “dropped” the charges, they were dismissed by the court because the AG didn’t file them in time.
“Your honour, my client has his tiny fingers crossed all the time. Motion to dismiss!”
Well, that might yet come to be a fallback defence.
I base all of my legal opinions on watching American dramas, so I’m probably being too Machiavellian. My thought was that allowing the charge against Ivanka to time out would mean that her dodging the bullet wouldn’t tip off her dad.
i thought the same thing. not so much that ivanka flipped on the old man, but that she may have opened up a few avenues of investigation for the AG, where she wouldn’t necessarily have to be a witness. hence the AG “didn’t file charges on time”. but like so many of us, IANAL so could be completely misreading this.
I wonder if Saudi Arabia has given Ivanka & Jared diplomatic passports?
No worries there. The prosecutor has to provide all the evidence they have up front during discovery; they can’t* produce surprise evidence and drop it on a defendant during the trial.
Machiavelli would have made a great defense lawyer, but a terrible prosecutor.
(* Except under special circumstances, IANAL, YMMV, etc.)
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