When The State Breaks The Law, There Is No Law.
Ruling from "judge" in New York "fraud" trial against Trump is more evidence that Blue States essentially are wannabe communist states.
Last Friday, New York Manhattan Supreme Court “judge” Author Engoron issued a ruling ordering Donald Trump to pay about $454 million in total penalties after he “found” that Trump, his company and others fraudulently inflated assets to boost his net worth and get financial perks. The ruling includes about $355 million in “disgorgement” and more than $98 million in prejudgment interest at a 9% annual rate. Judge Engoron also barred Trump for three years from serving as an officer or director of any New York corporation, or applying for loans from any New York chartered or registered financial institution.
Tellingly, he tossed in the following gratuitous opinion: “Their complete lack of contrition and remorse borders on pathological.” How dare defendants who maintain their innocence and not accept the state’s framing. Of course, considering the Attorney General Letitia James had run for office claiming to “get” Trump, this whole scheme was about demonizing fellow Americans, not justice. You can hear Ms. James in her own words here:
https://twitter.com/VivekGRamaswamy/status/1760752649228767711
This latest ridiculous ruling in the Manhattan Court provides further proof that this was a fascist show trial. We have written before that it was obvious it was a show trial at the outset. Essentially, the “law” is written so broadly that the Attorney General can “prosecute” anyone or any entity he or she chooses for “fraud,” “fraud” being determined by the Attorney General and the “judge” thereafter can declare that the Attorney General’s claim of fraud renders the defendant guilty. You can read in more detail about why this was a show trial in our prior article on the case here.
The ruling provides much more powerful evidence of the fraudulent nature of the corruption by the State of New York and how far (now, some) Blue States have descended into absolute fascism. Before examining those aspects of the ruling, it is necessary to understand certain aspects of the leftist fascist ideology currently on display in New York. Under leftism, if the State does something, no matter how obviously unjust or downright evil, it is legal. Indeed, the ideology represents the exact opposite of the American Constitution where the government’s sole purpose is to protect the inalienable rights endowed upon humans by the Creator.
We have seen many instances of this throughout history. Some of the best examples were provided by leftists Joseph Stalin and Adolf Hitler. In his classic, Darkness At Noon, Arthur Kessler described in detail how Stalinist show trials were conducted during Stalin’s reign. In such "trials,” every word a defendant uttered was deemed by the State to be further evidence of one’s guilt—the functional equivalent of declaring that a criminal defendant pleading “not guilty” to a criminal charge of obstructing the proceeding. In essence, once the state declared you a criminal by arresting you, all else that occurred afterward, including any defense, was merely more evidence of your criminality. It is not an exaggeration to write that this is precisely what occurred in the New York “fraud” trial.
Hitler, who while evil, was a political genius, and, thus, like all leftists, understood that most human beings by their nature escheat to the State tremendous power that can be yielded against the citizenry by bad faith actors. As he explained in Mein Kampf, which he dictated to his cell mate after his failed Beer Hall Putch, the Nazi Party had to abandon all attempts at taking power via a coup and focus on obtaining power via legitimate means. He declared this because he understood that, due to human nature, that, once in power, everything the leftist political party did once it obtained power would then be legal.
It is critical to appreciate that this is not solely because the State has the power of force to put down legitimate resistance. To be sure, many remain silent, go along, etc. not because they do not think the government is acting inappropriately, but because they desire to evade any trouble, to be punished, or expend the energy necessary to protest. However, this is not the overwhelming reason that rogue governments are not challenged by the people they govern, no matter how oppressively. The primary reason resistance is suppressed is the inner belief within us all that the government is entitled to deference, no matter how far it strays from its proper purpose.
Judge Engoron’s absurd ruling provides as case in point. Thus, in addition to the absurdities examined in our prior article on the case, his recent ruling “fined” Trump the comical amount of $355 million, despite the undisputed fact that no party was damaged. Indeed, not only were the banks not damaged, it is nearly impossible for a rational person to image a bank as a victim in any arms length financial transaction. To be just, the interest apparently was commanded by law. But the sweeping additions to the already absurd ruling that Trump was barred for three years from serving as an officer or director of any New York corporation or applying for loans from any New York chartered or registered financial institution further demonstrated its illegitimacy. All this without any right to a jury or even a hearing on guilt—Engoron had previously deemed Trump guilty upon motion from the corrupt Attorney General. It is difficult to imagine a worse ruling could have been issued until one researches New York odd appellate rule that eviscerates are party’s appeal rates if he fails to post either the judgement amount or a bond to cover the entire amount (the majority rule in America is that an appeal stays the judgment pending an appeal).
One cannot imagine this type of tyrannical conduct being accepted if anyone or any entity not a government attempted it. However, it generally was accepted because Judge Engoron represents the government. Accordingly, the supposedly (but obviously not) neutral Press reported the “ruling” as it was business as usual in American courts when something so heinous would have been condemned uniformly by Americans.
In a telling sign that our Country is in worse shape than imagined, the radical left (with fascist tendencies), which increasingly represents a super majority of the Democrat Party, cheered the ruling. This is how and why many great and most democratic nations have fallen.
Trump should have been granted summary judgment and the case dismissed at the outset. There could not have been fraud as a matter of law, because fraud requires misrepresentations of verifiable facts. .Other than the incorrect size of Trump’s condo, there appear to have been no other verifiable facts in the Trump statements. Real estate values are not proven — and therefore cannot be verifiable facts — until the asset is sold. Several methods are used to guesstimate what any property is worth on any given day, and the valuation process is derived from many subjective judgments, with borrower and lender and buyer and seller typically reaching seriously different conclusions of value. (Bridging the gap between the two parties is the subject of Trump’s bestselling book, The Art of the Deal). Trump’s guesstimated property values at worst can be called puffery, but there can absolutely be no fraud involved without a misrepresentation of verifiable facts of which there was just a single instance. Industry standard operating procedure is “buyer (or lender) beware” and , as in Trump’s case, the lender testified it relied on its own value estimates, not Trump’s.
https://www.financialpoise.com/trumps-puffery-legal-defense/
https://fhnylaw.com/puffery-and-the-misstatement-that-wasnt/