In 1478, The Tribunal of the Holy Office, more commonly known as the Inquisition was established to root out and often put to death unbelievers. Tomás de Torquemada was selected as the Grand Inquisitor. His authority was absolute. Torquemada’s was seen as the hand of God. He was doing “God’s work”. Trials were but a formality. Much like witch trials made famous in Salem, a confession was preferred – but either way one was guilty. It was a Catch-22 before there was a Catch-22. Confess, and you are surely guilty. Don’t confess, and you will still be found guilty.
In New York, Laticia James campaigned on finding a “crime” and getting Donald Trump. That isn’t my opinion, she said it and campaigned on it. James found her “crime” in a never-used almost dormant statute.
The judge selected for this “trial” was Arthur Engoron. He’s a preening, self-aggrandizing showboat who smugged for the cameras like he was an actor on a red carpet. Last September Engoron summarily ruled that Trump had no right to a jury, and violated the never-used statute: New York Executive Law § 63 (12). He set a trial to assess damages. Although there was no evidence that Trump’s lenders were damaged, or hadn’t had the chance to value Trump’s assets independently Engoron ignored that lack of actual damages and the lack of a victim and he assessed damages in access of $350 Million. Pre-judgment interest of about $100 Million was also tacked on.
Banks lending to Trump were not harmed. They were all paid back in full.
“[T]imely and total repayment of loans does not extinguish the harm that false statements inflict on the marketplace.”
Huh? Engoron fails to explain how the marketplace was impacted by Trump’s alleged overvaluation of assets to a bank. Every bank is in the business of loaning money and every bank has a fiduciary responsibility to loan money to lenders that will pay back the loan, with interest. No bank lends millions to a prospective borrower it doesn’t think will pay back the loan. And every bank lending to Trump had the opportunity to do their due diligence. In short, every bank had the chance to value Trump’s assets independently, and every bank loaned Trump money. Assuming that Trump over-valued his assets, the banks knew that they were over-valued and still loaned him millions. If that is the case, weren’t the banks more to blame for “defrauding” the marketplace?
In one instance Engoron pointed out that Trump had overestimated the square footage of his Penthouse by a factor of 3. Trump’s team admitted to that overestimation, but they admitted to no other error and wouldn’t confess to further ‘valuation witchcraft’. That was, apparently, the most egregious sin. The “marketplace” was damaged by Trump not admitting to his sin.
Engoron opined on page 87:
Refusal to Admit Error
The English poet Alexander Pope (1688-1744) first declared, “To err is human, to forgive is divine.” Defendants apparently are of a different mind. After some four years of investigation and litigation, the only error (“inadvertent,” of course) that they acknowledge is the tripling of the size of the Trump Tower Penthouse, which cannot be gainsaid. Their complete lack of contrition and remorse borders on pathological. They are accused only of inflating asset values to make more money. The documents prove this over and over again. This is a venial sin, not a mortal sin. Defendants did not commit murder or arson. They did not rob a bank at gunpoint. Donald Trump is not Bernard Madoff. Yet, defendants are incapable of admitting the error of their ways. Instead, they adopt a “See no evil, hear no evil, speak no evil” posture that the evidence belies.”
That is a remarkable thing to write in a legal opinion. Engoron is flat-out admitting that it wasn’t the facts that he cared about – it was a lack of contrition. A lack of admitting to what Engoron wanted Trump to admit to – that notwithstanding a lack of a victim, a lack of actual damages, and no harm to the imaginary “marketplace” Trump committed the “sin” of not admitting to sin. Had Trump confessed to his sin, would all have been forgiven?
In reality, we know that isn’t the case. Trump was “damned if he did, damned if he didn’t”.
Like accused witches who were subjected to the “water test”, if the accused floated, they were guilty of being a witch. “Floaters” would be burned at the stake. If they sank, then they weren’t a witch. Either way the accused was dead.
Had Trump admitted to his “vinal sin” he would have been “forgiven”. He’d have no grounds for appeal because he would have admitted his sin. But he didn’t confess. His “right” to appeal is, in reality, illusory. Without depositing almost a half billion dollars into a trust account Trump cannot appeal the clearly unjust judgment.
Lawfare against Trump is just the beginning. Lawfare can (and will) be used against anyone who isn’t a member of the Cult of the Left. Once on trial nonbelievers are dead either way.
We are on the edge of a new Inquisition. For Trump’s last trial, all that was missing for Engoron was a white powdered wig, and a torch.
Excellent, excellent essay. Thank you. To think that a citizen is being this mistreated in so public a way and nothing is to be done to correct the injustice or remove Engoron from the bench makes me sick. If this stands, then every “little man” in the country is at risk of losing everything. How can Engoron’s refusal to allow a jury trial stand? How is it that the whole case was not negated immediately? All us “little people” need to watch out, that is how they will take our assets and force dependence on the government and there will be no choice for where to live, what to drive, what to eat…… I hope there is a person with the money to help Trump. I did read that the judge assigned the appeal is very left and ingrained with the Democraps. The only way Trump will be relieved of these injustices is to go beyond New York.
Thank you for such an informative essay!
Jenny