Government

Trump Screeching That Trial Judge Is 'Communist' Fails To Persuade NY Appeals Court

Maybe shit-talking the judge online is, like, not great legal strategery?

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President Donald Trump and Vice President Mike Pence Visit The Federal Emergency Management Agency Headquarters

(Photo by Evan Vucci-Pool/Getty Images)

Donald Trump’s company is about to go through some things, and he’s not happy about it. A week ago, New York Supreme Court Justice Arthur Engoron granted the New York Attorney General’s request to appoint an independent monitor for the Trump Organization, an action Trump characterized as “communism come to our shores” and “a process of property confiscation, akin to Venezuela, Cuba, or the Soviet Union.”

His lawyers argued in court that this amounts to “nationalization” of the company, a description so facially nonsensical that it can only be defended by comparison to their client’s public statements. As the trial court noted, the independent monitor isn’t even a receiver — he or she will be able to have eyes on everything, but won’t control the company. The Trump Organization will simply be prevented from transferring assets out of the jurisdiction of the court and/or filing false financial statements.

Nevertheless, the appeal while less floridly demented than the in-court arguments, does pretend to take the position that the trial judge’s order would force the Trump Organization to seek leave of the court before selling golf memberships or condos, “virtually grind[ing] to a halt the day-to-day transaction of business by an expansive corporate empire.”

The main thrust is that the order is too broad to be meaningfully understood, leaving the Trump family terrified of running afoul of it and being held in contempt again. This argument is slightly undercut by Trump filing that batshit insane lawsuit last week demanding that a Florida state court intervene and declare it illegal for the New York Attorney General to even possess a copy of the Florida revocable trust which holds his assets, much less direct the disposition of those assets pursuant to an order from a New York Court. Team Trump seemed to understand perfectly well what was coming at them, and took steps — albeit crazy ones — to deprive the court of jurisdiction before Judge Engoron even issued this supposedly confusing order.

In the event, the First Department seems in no hurry to rush in to save Trump’s bacon.

“The application for an interim stay is denied pending determination of the motion by a full bench,” Justice Angela M. Mazzarelli scrawled in an order agreeing to expedite the motion and directing prosecutors to file their brief on November 18, with a reply from the Trump parties by November 25. The full panel will hear arguments on November 28, with former Florida Solicitor General Chris Kise representing the appellant.

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Meanwhile, Justice Engoron ordered the parties to submit candidates for the independent monitor position today, giving them until Tuesday to comment on their respective choices. A status conference is scheduled for November 22, so it seems pretty likely that the monitor will be in place before Trump’s appeal is heard.

And PS, the monitor and the AG are going to get copies of Trump’s revocable trust, the document that caused him to flip his shit when they asked for it.

Also, PPS, the dumb turkey of a lawsuit in Florida is proceeding slowly through the state court system. What are the odds the NYAG just ignores it entirely, since the state of Florida can’t order the state of New York to do anything?

Liz Dye lives in Baltimore where she writes about law and politics.

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