Former U.S. Attorney Joe diGenova said Saturday on Newsmax that he was not surprised a New York appeals court dismissed a $527 million civil fraud penalty against President Donald Trump, calling the fine unconstitutional and politically motivated.
Appearing on “The Count” on Saturday, diGenova was asked about New York Attorney General Letitia James’ pursuit of the civil fraud case, even though Deutsche Bank — the lender at the center of the dispute — had said it was satisfied with Trump’s dealings and would work with him again.
“Why? Well, because she campaigned on getting Trump. And then when she was elected, she decided to actually follow through and get Trump, even though there was no evidence of any civil fraud whatsoever,” diGenova said.
“And shame on the New York bar and the New York judges for not sanctioning her for violating the Code of Professional Responsibility by threatening a private citizen. And then, when once in public office, following through on it.”
The New York appeals court ruled Thursday that while Trump and his companies had committed fraud, the nearly half-billion-dollar penalty was an “excessive fine” under the Constitution. “[W]hile harm certainly occurred, it was not the cataclysmic harm that can justify a nearly half-billion-dollar award to the State,” two of the judges wrote.
DiGenova said the outcome was expected.
“I wasn’t surprised that it was overturned,” he said. “Both sides have the right to appeal because they did sustain the fraud finding. They threw out the excessive fine as a violation of the cruel and unusual and excessive fines provision of the U.S. Constitution. So the case isn’t over yet, but it’s pretty clear he’s never going to have to pay that fine.”
Trump celebrated the ruling during remarks to law enforcement officers in Washington, D.C., calling the case “fake.”
James has vowed to appeal the decision to New York’s highest court, the Court of Appeals.
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