Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Liberal YouTubers
Related: About this forumWhy TRUMP's Civil FRAUD Appeal Faces Tough Odds - Legal AF
A former NY State Supreme Court Judge Barbara Jaffe and NY civil practice expert Brian Graifman join Michael Popok to dissect the Trump civil fraud appellate ruling, including why Trump would appeal to the highest NY court a case where is is also claiming that he was "completely vindicated!" Was he? Not really, and find out what Barbara and Brian have to say about it. - 08/24/2025.
1 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies

Why TRUMP's Civil FRAUD Appeal Faces Tough Odds - Legal AF (Original Post)
Rhiannon12866
Yesterday
OP
Deadline: Legal Blog-The Trump civil fraud case is a mess. Another round of appeal could clean it up.
LetMyPeopleVote
22 hrs ago
#1
LetMyPeopleVote
(168,500 posts)1. Deadline: Legal Blog-The Trump civil fraud case is a mess. Another round of appeal could clean it up.
New York Attorney General Letitia James has already signaled her intention to seek further review at the states highest court.
The Trump civil fraud case is a mess. Another round of appeal could clean it up.
— Phyllis B Kantor (@wiselady11.bsky.social) 2025-08-22T15:54:35.908Z
New York Attorney General Letitia James has already signaled her intention to seek further review at the stateâs highest court.
www.msnbc.com/deadline-whi...
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-civil-fraud-case-letitia-james-appeal-new-york-rcna226377
But that was just the beginning. The oddity grew upon seeing, toward the start of the first of three separate decisions from the five-justice panel, that none of the three decisions garners a majority......
That first opinion, by Justice Peter Moulton joined by Justice Dianne Renwick, said that those two justices thought New Yorks attorney general acted lawfully in bringing the fraud case. But they said that ordering the defendants to pay nearly half a billion dollars to New York amounts to an excessive and unconstitutional fine.
The second opinion, by Justice John Higgitt joined by Justice Llinét Rosado, agreed that James had the authority to bring the suit but said they thought a new trial was warranted.
The third opinion, by Justice David Friedman, argued for dismissing the case outright in Trumps favor.
So, we have three opinions saying different things. How did the panel attempt to come to a resolution?....
Though they thought a new trial was needed, their opinion said that after much consideration, with great reluctance and with acknowledgement of the incongruity of the act, they agreed to join the bottom line of Moulton and Renwicks opinion that tosses out the massive financial penalty as well as sanctions on Trump defense lawyers, while otherwise upholding the case in James favor.
Citing the truly extraordinary circumstances here, where none of the writings enjoys the support of a majority, they said the parties must have a decision on this matter and, concomitantly, the option of further review of this matter by the Court of Appeals.....
James, who has denied any wrongdoing herself, said in a statement Thursday that the appeals court affirmed the well-supported finding of the trial court: Donald Trump, his company, and two of his children are liable for fraud. She said the court upheld the injunctive relief we won, limiting Donald Trump and the Trump Organization officers ability to do business in New York. It should not be lost to history: yet another court has ruled that the president violated the law, and that our case has merit. She concluded: We will seek appeal to the Court of Appeals and continue to protect the rights and interests of New Yorkers.
That first opinion, by Justice Peter Moulton joined by Justice Dianne Renwick, said that those two justices thought New Yorks attorney general acted lawfully in bringing the fraud case. But they said that ordering the defendants to pay nearly half a billion dollars to New York amounts to an excessive and unconstitutional fine.
The second opinion, by Justice John Higgitt joined by Justice Llinét Rosado, agreed that James had the authority to bring the suit but said they thought a new trial was warranted.
The third opinion, by Justice David Friedman, argued for dismissing the case outright in Trumps favor.
So, we have three opinions saying different things. How did the panel attempt to come to a resolution?....
Though they thought a new trial was needed, their opinion said that after much consideration, with great reluctance and with acknowledgement of the incongruity of the act, they agreed to join the bottom line of Moulton and Renwicks opinion that tosses out the massive financial penalty as well as sanctions on Trump defense lawyers, while otherwise upholding the case in James favor.
Citing the truly extraordinary circumstances here, where none of the writings enjoys the support of a majority, they said the parties must have a decision on this matter and, concomitantly, the option of further review of this matter by the Court of Appeals.....
James, who has denied any wrongdoing herself, said in a statement Thursday that the appeals court affirmed the well-supported finding of the trial court: Donald Trump, his company, and two of his children are liable for fraud. She said the court upheld the injunctive relief we won, limiting Donald Trump and the Trump Organization officers ability to do business in New York. It should not be lost to history: yet another court has ruled that the president violated the law, and that our case has merit. She concluded: We will seek appeal to the Court of Appeals and continue to protect the rights and interests of New Yorkers.
I followed the trial of this case and I listened to the oral arguments in this case. Prior to the oral arguments, the court had on its own motion reduced the bond that trump was required to post from $500 million or so to $175 million. I personally thought that the judge used the wrong measure of damages in his judgment and was expecting to see a remittitur or reduction of damages.
The Court of Appeals (the highest court in NY) is going to have fun in this case. The fact that court found that trump violated the law and upheld the injunctions is meaningful. trump and his kids are banned from being an officer in a New York corporation.