new york attorney general letitia james Archives - Home Safety Tech Pros

GOP Rep. files articles of impeachment against SDNY judge

homesafetytechpros — Wed, 19 Feb 2025 23:19:04 +0000

Inset: U.S. District Judge Paul Engelmayer (U.S. Courts/YouTube). Background: Republican Candidate for President Donald Trump attends the Building America’s Future, Southeastern Pennsylvania Roundtable at the Drexelbrook Event Center on October 29, 2024, in Drexel Hill, Pennsylvania (Matt Bishop/imageSPACE/Sipa USA via AP Images).

A Republican member of the House on Wednesday introduced articles of impeachment against a federal judge who recently barred DOGE staffers from accessing sensitive Treasury Department data.

Early on the morning of Feb. 8, Manhattan-based U.S. District Judge Paul Engelmayer issued a temporary restraining order blocking such access and requiring all the relevant Elon Musk-aligned employees to “destroy” any copies of documents that were previously downloaded.

Reaction online was swift and fierce – with numerous allies of President Donald Trump calling for Engelmayer’s impeachment.

Now, those calls have been answered.

Rep. Derrick Van Orden, a Republican from Wisconsin, filed House Resolution 143, which accuses the judge of “high crimes and misdemeanors” over the temporary restraining order. The bill was subsequently referred to the House Judiciary Committee.

“Paul Engelmayer, as a judge of the United States District Court for the Southern District of New York, engaged in judicial misconduct when he halted President Donald J. Trump’s Executive order establishing and implementing the President’s Department of Government Efficiency on purely political grounds, demonstrating clear bias and prejudice against the President and the 74,000,000 Americans who voted for him,’ the first article of the resolution reads.

Under a heading alleging “judicial misconduct and abuse of judicial authority,” the first article of impeachment takes direct stock of Engelmayer’s ruling and alleges that the temporary restraining order” demonstrates clear bias and prejudice against the President” and “willfully” disregards “established legal precedent.”

Van Orden also criticizes the judge for the speed with which the temporary restraining order was granted.

The resolution alleges Engelmayer acted “outside the bounds of judicial decency” by “submitting this injunction in the middle of the night” and says the timing “may have been done with the intent to influence the outcome of cases to favor certain parties.”

Temporal concerns, of course, did play a part in issuing the pre-injunction pause – but the judge did not mention the predawn nature of the ruling. The temporary restraining order was issued in response to a request for emergency relief from a 19-state coalition led by New York Attorney General Letitia James.

“The Court’s firm assessment is that, for the reasons stated by the States, they will face irreparable harm in the absence of injunctive relief,” the temporary restraining order reads. “That is both because of the risk that the new policy presents of the disclosure of sensitive and confidential information and the heightened risk that the systems in question will be more vulnerable than before to hacking.”

The second article of impeachment is quite a bit shorter, premised on the “abuse of judicial power,” and reads, in full:

Judge Paul Engelmayer has abused his judicial office by using his authority to further personal or political interests, contrary to the constitutional responsibility to apply the law impartially, including the improper handling of this case in a manner that demonstrates favoritism or undue influence, undermining the fundamental principles of justice.

The impeachment effort jumps the gun – in this case, a Sig Sauer P226 – on similar such articles promised last week by Rep. Eli Crane, an Arizona Republican. In a Wednesday afternoon post on X (formerly Twitter), Crane said he would file his resolution by Friday. Both Van Orden and Crane previously served as U.S. Navy SEALs.

The Trump administration, for their part, quickly implored the court to reconsider the restraining order – arguing that it appears to cover Senate-approved Treasury Secretary Scott Bessent.

The next day, U.S. District Judge Jeannette A. Vargas – to whom the case was actually assigned – clarified the scope of the restraining order to make clear that it did not apply to “any Officer of the United States Department of the Treasury nominated by the President and confirmed by the United States Senate.”

As of this writing, the impeachment bill has no cosponsors.

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Trump accused of violating order nixing spending freeze

homesafetytechpros — Sat, 08 Feb 2025 04:45:38 +0000

President Donald Trump gestures as he is escorted by Col. Angela F. Ochoa, Commander, 89th Airlift Wing, obstructed, as he walks from Marine One before boarding Air Force One, Friday, Feb. 7, 2025, at Joint Base Andrews, Md. (AP Photo/Luis M. Alvarez).

The Trump administration is openly violating a federal court order that barred the government from enforcing a controversial spending freeze, according to an emergency motion filed late Friday.

On Jan. 31, U.S. District Judge John McConnell, a Barack Obama appointee, issued a temporary restraining order that found the spending freeze both unconstitutional and in violation of a federal law that blocks government action deemed “arbitrary and capricious.”

Now, the several plaintiff states, led by New York Attorney General Letitia James, a Democrat, are back in the same Rhode Island federal court — telling the judge his order is simply being ignored.

“The sands have only continued to shift since January 31,” the emergency motion to enforce the restraining order reads. “As explained below, there has been an ever-changing kaleidoscope of federal financial assistance that has been suspended, deleted, in transit, under review, and more since entry of the Order.”

On Jan. 27, the Office of Management and Budget (OMB) issued a memo in an attempt to make good on a series of executive orders issued by President Donald Trump, which outlined spending priorities. Within hours, the federal government lurched into chaos.

In response to the specter of frozen entitlement systems, downed websites, and a general state of panic across administrative agencies, the administration quickly performed a volte-face and rescinded the OMB memo with a terse second memo that also directed employees to follow up with agency lawyers if they had any questions.

Upon backtracking, face-saving measures ensued.

White House press secretary Karoline Leavitt cast doubt on the second OMB memo in a post on X (formerly Twitter).

“This is NOT a rescission of the federal funding freeze,” Leavitt wrote. “It is simply a rescission of the OMB memo. Why? To end any confusion created by the court’s injunction. The President’s EO’s on federal funding remain in full force and effect, and will be rigorously implemented.”

More Law&Crime coverage: ‘Unconstitutional and illegal’: Trump, Rubio, Musk ‘systematically dismantled’ USAID in unlawful usurping of legislative authority, lawsuit claims

In his 13-page restraining order, McConnell cited Leavitt’s post and other factors as evidence of “the government’s transparent efforts to evade” oversight by the federal court system.

In no uncertain terms, the judge barred the Trump administration from “reissuing, adopting, implementing, or otherwise giving effect to the OMB Directive under any other name or title or through any other Defendants (or agency supervised, administered, or controlled by any Defendant).”

Since then, a week has passed.

Now, the plaintiffs say there is very little to show that the government has complied with the order. In fact, they allege the opposite.

“Plaintiff States and entities within the Plaintiff States continue to be denied access to federal funds,” the motion reads. “These denials continue to cause immediate irreparable harm.”

The motion frames the issue as all but existential.

“Jobs, lives, and the social fabric of life in the Plaintiff States are at risk from the disruptions and uncertainty that have continued now a full week after entry of the Order,” the filing argues. “As this Court noted, executive action that is ‘in name-only and may have’ proceeded ‘simply to defeat the jurisdiction of the courts’ weighs in favor of temporary but decisive action. Unfortunately, such action is once again necessary on an urgent basis.”

More Law&Crime coverage: ‘Few things more disingenuous’: Judge slams Trump administration for ‘thinly veiled attempt’ to avoid court over federal funding freeze

The administration has since come up with new ways to try and freeze funding, the motion argues.

“Defendants have — for the first time this week — taken the position that certain federal funds, including federal financial assistance under the Inflation Reduction Act and the Infrastructure Improvement and Jobs Act, is outside the scope of the Court’s Order, a position contradicted by the plain text of the Order and the notice Defendants previously filed with the Court explaining their view of the scope of the Order,” the motion goes on.

To hear the plaintiffs tell it, none of this is excusable even though “it is imaginable that a certain amount of machinery” would need to be recalibrated to get things back on track since funding was paused.

A great deal of the consternation has to do with time.

“Defendants contemplated an all-of-government ‘pause’ on federal funding could be implemented in the less than 24 hours between when the OMB Directive issued and when it took effect,” the motion goes on. “Yet, as to a number of funding sources that provide critical services in Plaintiffs’ States, the situation has not changed at all nearly a week after the Court’s Order.”

In other words, New York and the other states complain that while the funding freeze was implemented in short order, the government is making something of a leisurely effort to unplug the dams.

“[T]he Court should enforce the clear and unambiguous text of its temporary restraining order and order Defendants to immediately restore funds until the preliminary injunction motion can be heard and decided,” the motion argues. “The Court should further Order that Defendants immediately take every step necessary to effectuate the Order, including clearing any administrative, operational, or technical hurdles to implementation.”

In a separate, 78-page filing submitted to the court simultaneously, the plaintiffs also ask the court to issue a preliminary injunction. An injunction would have the same substantive impact as a temporary restraining order but would last until the case is resolved or until a reviewing court overturns McConnell’s ruling.

“The fact that executive agencies appear to have restored some funding only after being provided with notice of the Court’s [temporary restraining order] is only further evidence that the Funding Freeze is very much live and that a Court order remains necessary to provide Plaintiff States with relief from that unlawful action,” the second motion reads.

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Trump asks NY AG to dismiss fraud case in bid for ‘unity’

homesafetytechpros — Thu, 28 Nov 2024 08:05:37 +0000

Inset: New York Attorney General Letitia James speaks during a press conference regarding former President Donald Trump and his family’s financial fraud case on September 21, 2022, in New York (YUKI IWAMURA/AFP via Getty Images). Background: FILE: President-elect Donald Trump attends the Building America’s Future, Southeastern Pennsylvania Roundtable at the Drexelbrook Event Center on October 29, 2024, in Drexel Hill, Pennsylvania (Matt Bishop/imageSPACE/Sipa USA via AP Images).

President-elect Donald Trump would like New York Attorney General Letitia James to drop the civil fraud case against him, his adult sons, and his namesake business empire in the Empire State.

In a four-page letter sent Wednesday, attorney D. John Sauer — the likely next solicitor general — framed the request as a potential fig leaf the Democratic Party prosecutor might offer the 45th and 47th president.

“In the aftermath of his historic election victory, President Trump has called for our Nation’s partisan strife to end, and for the contending factions to join forces for the greater good of the country,” the letter begins. “This call for unity extends to the legal onslaught against him and his family that permeated the most recent election cycle.”

“This case, like the many others against President Trump, is a flashpoint of national partisan division,” the letter reads. “You now have the singular opportunity to help cure this division.”

Most of those other cases, of course, have fallen to the wayside.

The two federal cases against Trump were dismissed outright — though for different reasons. The criminal prosecution in Fulton County, Georgia, is mired in appellate limbo and rests on unsure footing due to the November results. Even the criminal prosecution waged by the Manhattan District Attorney’s Office — alone among the unavoidably politically-tinged controversies to see a jury trial — is seemingly resting in the legal equivalent of a cryotherapy chamber.

Sauer’s letter takes stock of the post-election landscape — with the exception of the still-extant case in the Peach State.

“Other Democratic officials and prosecutors are abandoning their discredited lawsuits against President Trump,” the letter goes on. “This case warrants the same treatment.”

The civil fraud case dates to 2019 and is premised on sworn congressional testimony from Trump’s former friend and fixer, Michael Cohen. Under questioning by Rep. Alexandria Ocasio-Cortez, D-N.Y., Cohen claimed the Trump Organization inflated assets to insurance companies and that the company’s tax returns likely contained similar-but-different financial improprieties.

After a multi-year-long investigation, James and her office filed a $250 million civil fraud lawsuit against Trump, his children, and the Trump Organization in September 2022.

In September 2023, Trump, Donald Trump, Jr., Eric Trump, several of their top lieutenants, and various corporate organizations that comprise the Trump Organization were found to have committed fraud by a Manhattan judge on motions for summary judgment filed by James. The court also saw fit to issue costly cancellations of numerous licenses that allowed the Trumps to do business in New York State. Additionally, several of Trump’s attorneys were personally sanctioned $7,500 each for purportedly making frivolous arguments.

A bench trial — a trial without a jury — on the extent of liability was held between October 2023 and January of this year.

In February, New York Supreme Court Justice Arthur Engoron arrived at a civil penalty of some $354 million — somewhat shy of the $370 million that James had requested.

The case wore on.

James threatened to seize Trump’s assets; Trump said James was violating the law by trying to collect on the verdict while sidestepping procedure; Engoron rebuffed efforts to slow things down. Then, after Trump posted a bond to appeal the verdict, James asked the court to rule the bond was simply not good enough but Trump pushed back, eventually catching a substantial break this spring.

On appeal, Trump and his business appear likely to fare much better.

During a hearing in late September, Trump’s arguments received a much warmer reception from the court than those essayed by James’ office. One judge on the New York Supreme Court’s Appellate Division, First Department said the “immense penalty” issued against the Trump Organization in the case was “troubling.”

In the letter, Sauer repeats many well-tread arguments — rubbished by Engoron — that seemingly held the day with the court of appeals. But he begins with one the appeals court appeared unmoved by.

“[T]he statute of limitations bars claims and liability,” the letter reads. “[T]he Supreme Court erroneously and disrespectfully applied the continuing-wrong doctrine to resuscitate long-defunct claims. This led to an indefensible judgment that directly violates the statute of limitations. The case should be dismissed on that basis alone.”

Other arguments rejected by Engoron received something not entirely unlike a bearhug of an embrace by the appellate court — including the idea that there were no victims in the case, that Mar-a-Lago had been drastically undervalued by the trial court, that Trump’s profits had been similarly undervalued, and that reliance certain accounting principals might inure to the defendant’s arguments.

Since then, the appeals court has not given any indication of what it might do — or even mulled-out-loud a timeline for their decision. Still, Trump and his business would like a denouement sooner than later.

So, now, the once-and-future president is looking for a straight flush — and framing it as an opportunity for James to avoid a potential embarrassment in the long-running case.

“As detailed in our appellate briefing, this action exceeds the New York Attorney General’s authority,” the letter goes on. “Stipulating to the vacatur of the judgment and the dismissal of the case would restore the NYAG’s power to its more legitimate scope.”

Sauer also, however, also argues that the case has to end — or will be more or less forestalled — because of the lead defendant’s status.

“President Trump will soon take office as the 47th President of the United States,” the letter continues. “Thus, the continued pendency of this lawsuit raises ‘grave and doubtful constitutional questions,’ and greatly disserves the national interest.”

The request to vacate the judgment also cites a longstanding U.S. Department of Justice internal rule that advises against pursuing criminal enforcement actions against sitting presidents.

The letter then continues in this vein, at length:

The federal Special Counsel’s office relied on this opinion yesterday in voluntarily dismissing the criminal case against President Trump. The same concerns arise from a civil fraud enforcement action, like this one, where six of the seven causes of action are based on alleged violations of criminal law. Indeed, it would be “perilous” to permit such an action to remain pending against a sitting President, because doing so “would risk imposing … burdens that would make it impossible for a President to effectively carry out his constitutional duties.”

“Likewise, the Supremacy Clause prevents state prosecutors from proceeding against the sitting President in any way,” the letter goes on.

Sauer then offers a lengthy series of references to mythologized presidents of the past — like Abraham Lincoln and John F. Kennedy — and quotes their paeans to national unity and accord.

This argument gives James something not entirely unlike the chance to vindicate herself in the eyes of history as-seen-by Trump.

“Invoking the same spirit of unity, we request that you stipulate to the vacatur of the Judgment and dismissal of this case with prejudice,” the letter concludes.

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Potential Trump AG threatens to prosecute Letitia James

homesafetytechpros — Fri, 08 Nov 2024 08:05:45 +0000

Left: New York Attorney General Letitia James speaks during a press conference regarding former President Donald Trump and his family’s financial fraud case on September 21, 2022, in New York (YUKI IWAMURA/AFP via Getty Images). Right: Donald Trump speaks at a ‘Save America’ rally on October 22, 2022, in Robstown, Texas (Brandon Bell/Getty Images).

A conservative attorney rumored as a potential top cabinet appointee for president-elect Donald Trump issued a stark warning to New York Attorney General Letitia James on Thursday.

“Let me just say this to ‘Big Tish’ James, the New York attorney general: I dare you. I dare you to try to continue your lawfare against President Trump in his second term because listen here, sweetheart, we’re not messing around this time,” Mike Davis, the former chief counsel for nominations on the Senate Judiciary Committee, said.

The threat was then crystallized with a body-shaming insult about the Empire State’s top law enforcement official.

“We will put your fat a–– in prison for conspiracy against rights,” Davis said during an appearance on “The Benny Show,” the eponymous YouTube program hosted by conservative columnist Benny Johnson.

James, a Democrat, has been a constant and expensive thorn in Trump’s side during the interregnum-like Joe Biden presidency – but her interest in the 45th and 47th president goes back much further.

An underlying investigation by James’ office dates back to 2019 and is premised on sworn congressional testimony from Trump’s former friend and fixer Michael Cohen in 2019. Under questioning by Rep. Alexandria Ocasio-Cortez, D-N.Y., Cohen claimed the Trump Organization inflated assets to insurance companies and that the company’s tax returns likely contained similar financial improprieties.

A $250 million civil fraud lawsuit was brought against Trump, his children, and the Trump Organization by James in September 2022.

Fast-forward a year or so.

In September 2023, the former and forthcoming president, Donald Trump, Jr., Eric Trump, several of their top lieutenants, and various corporate organizations that comprise the Trump family business were found to have committed fraud by a Manhattan judge on a series of motions for summary judgment filed by James and her office. The court also saw fit to issue costly cancellations of numerous licenses that allowed the Trumps to do business in New York State. Additionally, several of Trump’s attorneys were personally sanctioned $7,500 each for making frivolous arguments orally and in motions.

A bench trial — a trial without a jury — on the extent of liability was held between October and December 2023. In February, New York Supreme Court Justice Arthur Engoron arrived at a penalty just shy of the $370 million the state had asked for in January.

As the bills, substantial civil fines with crushing amounts of interest in this case, came due, Trump and his lawyers on one side battled it out with James, her fellow lawyers, and Engoron on the other.

As the case wore on, James threatened to seize Trump’s assets; Trump said James was violating the law by trying to collect on the verdict by sidestepping procedure; Engoron rebuffed efforts to slow the process down. Then, after Trump posted a bond to appeal the verdict, James asked the court to rule the bond was simply not good enough but Trump pushed back, eventually catching a break this spring.

On appeal, Trump and his namesake business empire seem likely to fare much better.

Since then, the court has given no indication of a resolution – though a substantial paring back of the verdict appears to be probable.

And, then, on Nov. 5, Trump handily dispatched Vice President Kamala Harris with a lopsided victory in the electoral college.

Now, Trump and his allies are signaling the gloves are off.

Davis, who previously clerked for Supreme Court Justice Neil Gorsuch and now runs an organization that advocates for appointing conservative movement judges, has been bandied about as a potential Trump White House attorney general pick in a recent story by the Wall Street Journal. That report also said Trumpworld was looking at Davis “for another legal-related post in the administration.”

While Davis jokingly shrugged off the Journal’s report in a post on X (formerly Twitter), his aggressive stance towards James suggests he expects to play some sort of role in the incoming administration.

“I promise you,” Davis continued. “Think long and hard before you wanna violate President Trump’s constitutional rights or any other American’s constitutional rights. It’s not gonna happen again.”

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Knight saves Trump, securing $175 bond in civil fraud case

homesafetytechpros — Tue, 02 Apr 2024 14:11:18 +0000

Background: Trump Tower is in New York on Friday, March 22, 2024. (AP Photo/Ted Shaffrey)/Inset: Former President Donald Trump Jr. speaks to the press after attending wake for NYPD officer Jonathan Diller at Massapequa Funeral Home in Massapequa Park, NY on March 28, 2024. (Photo by Lev Radin/Sipa USA)(Sipa via AP Images)

Donald Trump will avoid seeing his assets seized after he was able to secure a bond of $175 million in his civil fraud case in New York.

The lifeline comes as Trump was on notice, as Law&Crime previously reported, to shore up the funding or face the entire $454 million judgment ordered against him. New York Attorney General Letitia James had also warned the former president in February that if he was unable to secure a bond on the fine, she would start seizing his assets, including buildings like 40 Wall Street in Manhattan.

The bond is backed by Knight Specialty Insurance Company of California and in a statement to ABC on Monday evening, the chairman of the company which owns Knight Specialty Insurance — Don Hankey of the Hankey Group — expressed his emphatic support for Trump, saying he was “happy to be able to accommodate the ex-president in this situation.”

Hanky said he was “a supporter also” who had been prepared to back Trump on the full judgment New York Justice Arthur Engoron ordered in February. Notably, at the end of Trump’s trial in New York, the judge remarked that the frauds carried out by the former president and his cohorts at the Trump Organization “leap off the page and shock the conscience.”

The CEO described the sum as an attainable “low number” and remarked that the former president put up the bond in cash but he was unclear on whether Trump used bonds as collateral for the final amount. Hankey did not immediately return request for comment to Law&Crime Tuesday.

Last month as Trump searched for backers, he told the court in a sprawling nearly 5,000 page filing that he could not find a private insurer who was willing to take on the staggering total. Now Trump will continue to pursue his appeal. A recent New York Times analysis assessed that Trump has over $350 million cash on hand plus other liquid assets. When Engoron first found Trump liable for civil fraud, he slapped him with a $355 million penalty plus accruing interest making Knight’s decision to back Trump’s order a significant boon.

James’ office did not immediately respond to request for comment Tuesday.

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New York AG wins major victory against NRA, top leadership

homesafetytechpros — Sun, 25 Feb 2024 14:24:24 +0000

Wayne LaPierre, CEO of the National Rifle Association, leaves New York State Supreme Court as a jury continues deliberations during a trial, Wednesday, Feb. 21, 2024, in New York. (AP Photo/Frank Franklin II)

New York Attorney General Letitia James did not mince words after securing a landmark courtroom victory over the National Rifle Association (NRA) and three current and former senior leaders.

“This verdict is a major victory for the people of New York and our efforts to stop the corruption and greed at the NRA,” James said after the verdict. “For years, Wayne LaPierre used charitable dollars to fund his lavish lifestyle, spending millions on luxury travel, expensive clothes, insider contracts, and other perks for himself and his family. LaPierre and senior leaders at the NRA blatantly abused their positions and broke the law.”

The conservative pro-gun organization was found liable for improperly administering charitable funds, for ignoring whistleblower complaints, and for making false statements on regulatory filings.

The brunt of the jury’s verdict after the six-week-long trial, however, was reserved for LaPierre and two of his top lieutenants.

The group’s high-profile former leader, who stepped down from his long-held position just days before the trial began, was found liable for financial misconduct and corruption — along with the NRA’s former treasurer and CFO Wilson “Woody” Phillips.

Additionally, Phillips and one of the group’s current top lawyers, John Frazer — who also still serves as the NRA’s corporate secretary — were found liable for failing to uphold certain duties nonprofit executives owe to their organizations under Empire State law.

LaPierre, who was the NRA’s CEO and executive vice president from 1991 until earlier this year, was found liable for $5.4 million in damages to the New York-based organization. He had earlier paid roughly $1 million back to the group and is still on the hook for some $4.35 million, according to the attorney general’s office.

Phillips and Frazer were found liable to the tune of $2 million each.

“[T]oday, after years of rampant corruption and self-dealing, Wayne LaPierre and the NRA are finally being held accountable,” James’ statement continued. “We will not hesitate to pursue justice against any individual or organization that violates our laws or our trust, no matter how powerful they are.”

In August 2020, the attorney general’s office sued the NRAA, LaPierre and the other defendants. The lawsuit sought dissolution of the group and alleged years of rampant fraud — including the use of the organization’s funds to sustain LaPierre’s lavish lifestyle.

In one such allegation that James’ office suggested was an example of the group’s endemic corruption, executives allegedly took helicopter trips to NASCAR races to avoid car traffic.

The NRA fought back to have the lawsuit dismissed, paused, or transferred. In January 2021, Manhattan Supreme Court Justice Joel Cohen shot down those efforts — paving the way for the eventual trial years down the line. Cohen put the kibosh on a similar request in September 2022. An effort by the NRA to countersue James’ office also failed. As did last-ditch efforts by the group to file for bankruptcy and attempt a corporate reorganization in seemingly friendlier Texas.

Aside from the money judgments in the case, a separate hearing before Cohen will now determine whether the attorney general’s office is entitled to non-monetary relief. James has pushed for an independent monitor to oversee the administration of the NRA’s assets, an overhauling of the group’s rules and bylaws relevant to their assets, and for LaPierre to be permanently banned from the NRA or from serving in any other executive role for a New York-based nonprofit.

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