An appeals court ruled on Friday, after a hearing, to put off the closure of former President Donald Trump’s businesses. This is called a stay.
The appeals court let the trial happen, which began this week, which gave President Trump only a partial win.
Prosecutors had refused the request to delay the hearing, saying that the defense lawyers were trying to “sow chaos” and cause trouble.
After the break, the Trump Organization put out a statement calling the judge’s move to take away the Trumps’ business licenses “overzealous.”
“In clear violation of their fundamental constitutional rights and due process, Judge Engoron’s order erroneously sought to adjudicate the rights of non-party business entities that employ nearly 1,000 hardworking New Yorkers, have never been accused of any wrongdoing, and were never given their day in court.” The statement says, “We will not stop fighting for our amazing staff and our firm against this politically driven persecution.
“Judge Engoron’s order erroneously sought to adjudicate the rights of non-party business entities that employ nearly 1,000 hard-working New Yorkers, have never been accused of any wrongdoing and, were never given their day in court – in clear violation of their fundamental Constitutional rights and Due Process. We will continue to vigorously defend our company and our incredible employees from this politically-motivated persecution,” the statement reads.
President Trump’s lawyers filed a 1,154-page appeal of the civil fraud case against him on October 4 and 5. They did this to try to delay the trial that was still going on.
“[New York] Supreme Court’s Sept. 26 and Oct. 5, 2023 decision impose unauthorized, undemanded, overbroad relief without proper factual or legal predicate, which will result in significant, irreparable harm,” states the reason for requesting a stay on the case.
There were days before the trial began that President Trump tried to get it put off, but his request was turned down.
According to Justice Arthur Engoron’s decision on September 26, President Trump will lose his entire real estate business in the next few days if his appeal is denied. This is because Engoron found Trump guilty of fraud and ordered the closure of the Trump Organization and related LLCs. Lawyers also say that hundreds of workers will be affected.
“Supreme Court clearly does not comprehend the scope of the chaos its decision has wrought,” the filing reads, describing the summary judgment as a “miscarriage of justice.”
The judge’s order from October 5th says that President Trump must tell the court before asking for any new business certificates, even if they are not in New York, since his old ones were already thrown out. Sanctions are also given to the executive vice presidents of the Trump Organization and to his sons, Eric and Donald Trump Jr.
They could lose Trump Tower, 40 Wall Street, Seven Springs, their family getaway in upstate New York, and private houses that Eric and Donald Trump Jr. own.
Michael Cohen, who used to work as an attorney for President Trump, filed the case saying that Trump’s former lawyer had lied about Trump’s wealth. Letitia James, the attorney general of New York, sued the former president in civil court in September 2022, saying that he had lied to the state by boosting his net worth to get better terms from banks and insurance. Jackson James had said during her bid for the job that she would sue the president for theft.
About a week before the hearing, Justice Engoron made a decision on one of the seven claims in the case and said that President Trump was guilty of fraud.
As the trial began on October 2, President Trump showed up and talked with the media for a long time, which shocked everyone. He came back the next day and stayed for part of the next day. The trial will also look at the last six fraud claims in the prosecutor’s case, in addition to deciding what punishments President Trump needs to pay.
It’s more than thirty pages long, and the case decisions that are used take up more than one thousand pages.
In the most recent appeal, it was pointed out that the prosecutors never asked for the Trump Organization to be shut down in their plea. They said that the court “abused its discretion” and went beyond its authority when it imposed the penalties.
In fact, Ms. James had asked for $250 million in fines and a five-year ban on President Trump and his sons holding top business roles in the state. The lawyers say that she forgot to mention the law that would have let the judge give relief in the form of a separation.
“The consequences of enforcing the MSJ Decision [summary judgment on Sept. 26] are dire, and once done, cannot be undone,” the attorneys wrote.
They pointed out that “innocent nonparties and employees who depend on the affected entities for their livelihoods” are being swept up in the “overbroad” ruling. The decision was without process, statutory authority, or trial, and “renders impossible the lawful operation of multiple businesses and threatens termination of hundreds of New York employees without any jurisdiction or due process.”
“These non-parties are impacted without finding of any wrongdoing on the part of businesses,” they wrote. “Perhaps worst of all, it seeks to impose the corporate death penalty with no statutory authority for such remedy.”
When lawyers questioned Justice Engoron about the decision’s implications for specific properties, such as Trump Tower or Eric Trump’s home, he acknowledged that he had no idea what the full range of effects might be.
The lawyers, on the other hand, say that the decision from September 26 will be put into action soon and that the judge’s decision on October 5 did not answer any of the questions that the lawyers had. The lawyers say that they weren’t given the chance to present their case before the order on September 26.