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WASHINGTON, D.C. – America First Legal (AFL) applauds the New York Appellate Division for dismissing the $500 million civil fraud penalty imposed by Judge Arthur Engoron against President Trump in New York Attorney General Letitia James’s section 63(12) case against the President. The Appellate Court found the penalty was excessive and in direct violation of the Eighth Amendment to the U.S. Constitution.
Partnering with Murray-Nolan Berutti LLC, AFL filed an appellate amicus brief on behalf of the Job Creators Network Foundation, arguing that Attorney General James’s lawsuit against President Trump should be dismissed. AFL advocated James’s lawsuit was wholly politically motivated, undermined the rule of law, and was one of the many examples of lawfare perpetrated on President Trump. AFL also noted that James’s unprecedented, overbroad reading of 63(12) creates an intolerable climate of uncertainty, erasing the guardrails that had once protected New Yorkers from arbitrary political persecution.
Judge David Friedman, writing for the dissent, agreed with AFL that the case should be dismissed in its entirety. Finding that James’s lawsuit was politically motivated to derail President Trump, Friedman directly cited AFL’s amicus brief, warning that allowing the judgment in this case to remain will, “allow[ ]political partisans to arbitrarily pick and choose whom to punish and whom to favor.”
“This ruling is a resounding victory for every American who believes in equal justice under the law. Letitia James’s effort to weaponize the law for political ends was not only unprecedented, it was unconstitutional. America First Legal will continue to stand against politically motivated abuses of power and defend the principles of fairness and justice that safeguard our Republic. AFL continues to believe this case has no merit and that the New York Court of Appeals will throw out this case in its entirety. It is way past time that the lawfare ends and the rule of law be appropriately administered,” said Ryan Giannetti, Attorney for America First Legal.
Read the full amicus brief here.
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