America First Legal, Partnering with Job Creators Network Foundation, Files Amicus Brief in the Appeal of President Trump’s Partisan Prosecution in the New York Civil Fraud Case

WASHINGTON, D.C. – Today, America First Legal (AFL), partnering with Ron Berutti, Esq. of Murray-Nolan Berutti LLC, on behalf of its client the Job Creators Network Foundation (JCNF), filed a motion in the New York Supreme Court Appellate Division, First Department asking the Court to accept an amicus brief in support of former President Trump’s appeal in the Letitia James civil fraud case. 

The brief argues that New York Attorney General Letitia James’s politically motivated prosecution of Trump will have significant consequences on the ability of people to do business in New York and that this burden will severely harm small businesses. Small businesses are the heart of New York’s economy. 98% of New York businesses have fewer than 100 employees. These businesses are responsible for employing over three million New Yorkers. Businesses of all types rely on stability and predictability in order to plan for the future and grow. 

However, the politically charged legal attacks on the former President achieved only through unconstitutional and unprecedented expansions of existing law, shattered any sort of stability remaining in New York. The Brief argues that if this decision is allowed to stand and the Attorney General is allowed to fine political opponents upwards of $300 million for incorrect estimation of a company’s value or statements, then no one can rely on the law's meaning or application. 

The brief argues that overtly political attacks launched on President Trump dissuade honest businesspeople from entering or staying in the New York economy. This ruling has disrupted and discouraged investment, interest, and involvement in the Big Apple.

The uncertainty created by the decision on appeal undermines the rule of law in New York while plausibly violating the U.S. Constitution’s guarantees of Due Process in the Fifth and Fourteenth Amendments.

This politically motivated prosecution is unprecedented, unethical, and dangerous. AFL will continue to stand for justice and the constitutional application of the law. 

Statement from Gene Hamilton, America First Legal Executive Director:

“The State of New York has made clear with its political persecution of President Trump that it will stop at nothing to decimate opponents to the ruling regime–including by fining business owners hundreds of millions of dollars because of an alleged ‘fraud’ that didn’t actually defraud a single person or entity. Any business leader who becomes a political opponent, for any reason, could be next. This is anti-American and anti-business, and it cannot stand. We are proud to stand with our friends at the Job Creators Network Foundation in submitting this brief on their behalf in support of President Trump,“ said Gene Hamilton.

Statement from Alfredo Ortiz, CEO of Job Creators Network Foundation:

"The political persecution of Donald Trump sets a dangerous precedent that threatens all New York City business owners who run afoul of prosecutors' progressive sensibilities. The punitive and disproportionate fines that Trump is subject to will chill business investment in the region, hurting small businesses that are already suffering from bad government policies. To protect New York's small business environment, prevent similar future lawfare, and uphold the rule of law, the Appeals Court should rule in Trump's favor,” said Alfredo Ortiz.

Read the amicus brief here.

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