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Trump’s federal lawsuit against Letitia James dismissed

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A federal judge ruled against the former president on Friday donald trump is his bid to shut down an ongoing investigation by the New York Attorney General Letizia James (D) into the Trump Organization.

“In summary, the court concludes that the plaintiffs could have asserted the claims and sought the relief they seek in the federal complaint in the New York trial and that there is identity of claims. Because all three requirements of legal force are met, even if Younger abstention would be inappropriate, the court would grant the defendant’s motion to dismiss the plaintiffs’ action for failure to bring a claim under Rule 12(b)(6),” US District Judges Brenda K Sannes wrote, threw the case.

Before Judge Sannes dismissed plaintiff Trump’s case unscathed, she recounted the litany of alleged constitutional violations as follows:

Plaintiffs allege that Defendant: (1) violated its Fourteenth Amendment rights to due process by initiating “investigations against Plaintiffs in bad faith and without a reasonable legal basis”; (2) violated its First Amendment rights by attempted to suppress the plaintiffs’ freedom of speech and retaliated against the plaintiffs based on Mr. Trump’s political views, (3) violated their Fourth Amendment rights by issuing subpoenas without a “reasonable legal or factual basis,” and (4) misused the process to advance her own political career and to hurt Mr. Trump personally and politically. (Id. ¶¶ 102–55). The plaintiffs are seeking declaratory judgments that the defendant violated its constitutional rights and that its investigation constituted an abuse of procedure, as well as “an injunctive and permanent injunction” “requiring the defendant to immediately discontinue, or at least reasonably limit, all ongoing investigations into the plaintiffs until the.” settlement of this lawsuit” and “grant the plaintiffs discharge from the ongoing, open-ended investigations of the defendants and prohibit it from participating in any civil or criminal proceeding against the plaintiffs”. (Id. at 29–30).

The ruling came the day after Trump and his children failed to testify on a state matter as part of James’ civil investigation into the company’s alleged fraudulent business practices.

That Barack Obama-appointed federal judge also noted the May 26 state appeals court ruling in favor of James:

On May 26, 2022, the Appellate Division, First Division, affirmed Trump IV. (Dkt. No. 35-1). The First Division noted that “the sequence of events indicates that the investigation was lawful from the outset and well founded, barring any parallel criminal investigation conducted by the District Attorney.” (Id. at 4). In dismissing the Trump defendants’ selective prosecution complaint, the court found that “OAG began its investigation following public testimony from a senior corporate insider and reviewed substantial amounts of evidence prior to the issuance of the subpoenas” and that the defendants did not identify any individuals in a similar situation to those not were examined. (ID.).

Trump has long claimed that the Democratic heads of the New York Attorney’s Office and the Manhattan Attorney’s Office are harassing him and his family business for politically motivated reasons.

But Attorney General James responded to the dismissal by calling Trump’s legal challenges “baseless.”

“Time and time again, the courts have made it clear that Donald J. Trump’s baseless legal challenges cannot stop our lawful investigation into his financial dealings and those of the Trump Organization,” James said. “No one in this country can choose how the law applies to them, and Donald Trump is no exception. As we have said all along, we will continue this investigation undeterred.”

Law&Crime contacted Trump’s attorney Alina Habba for a comment on the verdict and possible next steps.

“There is no question that we will appeal this decision,” Habba replied. “Unless Ms James’ egregious behavior and harassing investigation does not comply with the malicious exception to the Younger abstention doctrine, I cannot imagine a scenario that would.”

Read the decision and order below:

[Image via Brandon Bell/Getty Images]

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https://lawandcrime.com/lawsuit/federal-judge-throws-out-donald-trumps-lawsuit-against-new-york-attorney-general/ Trump’s federal lawsuit against Letitia James dismissed

James Brien

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