Despite Donald Trump’s commitment to overturn his recent civil fraud judgment involving a massive financial penalty, the judge might have been one step ahead, as MSNBC legal analyst Danny Cevallos pointed out on Alex Witt Reports.
Engoron’s Change of Heart
Danny Cevallos pointed out Justice Engoron’s initial inclination towards a ‘corporate death penalty’ that would have permanently shut down Trump’s New York businesses, a stance he later retracted in his final decision.
Judge’s Hidden Strategy?
The host highlighted that Judge Engoron refrained from ordering Trump to immediately liquidate or transfer his assets.
What Led to It?
As per CNBC’s coverage, Judge Engoron retracted his initial order to annul business licenses, no longer pursuing what was labeled by some in the legal field as a ‘corporate penalty’ for the Trump Organization.
The question arises: what prompted this change?
Calculated Move
Cevallos suggested one potential reason: Engoron “may have been open to the testimony and maybe changed his view of the case since he entered a summary judgment. He may have been swayed by some of the evidence.”
Appellate Proofing
Cevallos believes a more plausible rationale is that Judge Engoron aimed to make the decision ‘more appellate proof.’
Potential Overturn
Cevallos further explained, “In other words, by reducing the punishment, he makes this a more palatable decision to an appeals court. Had he kept on with the corporate death penalty, as it is called, an appeals court, the appellate division second department or highest court in New York, the Court of Appeals, may have concluded that this was just too harsh a penalty.”
A Legal Rarity
Cevallos acknowledged that such an overturning of the decision would be “not particularly likely, but this is a unique case without a lot of precedent.”
A $355 Million Blow
The staggering $355 million judgment and additional punitive actions in the New York civil fraud case against former President Donald Trump, his sons, and the Trump Organization are set to significantly impact their New York State-based operations.
A Temporary Setback?
As it stands, Trump and his sons, Donald Jr. and Eric, are prohibited from holding officer or director positions in their New York-based businesses for the near future – three years for Trump and two for his sons.
Trump’s Loan Hurdles
Trump and the Trump Organization are also barred from obtaining loans from New York State-chartered or registered financial institutions for three years.
False Statements
This is a consequence of Judge Arthur Engoron’s decision in a lawsuit initiated by New York State Attorney General Letitia James, which accused Trump and his entities of submitting false financial statements to secure favorable loans and insurance.
Unusual Courtroom Confession
In his final remarks at Donald J. Trump’s civil fraud trial, Judge Arthur F. Engoron, who has presided over the case for over three years, made a comment that might seem unusual for a judge.
Justice Engoron, a 74-year-old with distinctive white hair, admitted that he wasn’t always strict in controlling the courtroom.
Tough Justice with a Gentle Touch
He tolerated repeated objections from Trump’s lawyers and overlooked some courtroom etiquette breaches. Yet, he emphasized, ‘I don’t want you to think I’m a pushover.’
Engoron’s Approach
This sentiment was solidified when he ruled against Trump, imposing a $355 million penalty and a three-year ban on running his businesses, showcasing his commitment to what he perceives as justice despite his affable demeanor.
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