(TargetDailyNews.com) – New York Judge Arthur Engoron and New York Attorney General Letitia James are facing heavy criticism for their collaborative and creative prosecution of former President Donald Trump after Engoron handed James a massive victory in her civil fraud case. Ordering penalties of nearly half a billion dollars, Engoron’s verdict is likely to be overturned, with some conservatives arguing that the judgment be vacated immediately by higher courts.
Arthur Fergenson is a Maryland-based attorney who frequently opines on popular topics. In his recent opinion piece for Fox News, Fergenson laid out multiple justifications for his suggestion that the verdict be immediately nullified.
Fergenson pointed out that despite the judge’s ruling, no fraud actually took place. Required elements to meet the legal definition of fraud including a victim. That victim has to demonstrate appreciable harm. Additionally, the prosecution must connect the alleged harm to the alleged deception. Fergenson said that all three elements are absent in this case.
He also pointed out that the order to dissolve Trump’s businesses was previously stayed pending appeal. After that order came down, Fergenson said that the AP reviewed the 150 cases cited by James’ office in the prosecution of Donald Trump and that every case had a victim who was harmed by the company’s fraudulent behavior.
Fergenson highlighted commentary from George Washington University Law Professor Jonathan Turley and Northwestern University Law Professor Steven Calabresi that suggested the fines were “confiscatory, extreme, and abusive,” according to the former, and “Stalinist” according to the latter. He agreed with both their assessments.
Fergenson also invoked the Eighth Amendment to the U.S. Constitution which covers the use of excessive fines. He also gave a brief history of how political power holders had used extreme fines to attack their political opponents going back nearly a thousand years, resulting in protections being installed in our founding document.
He added that an Eighth Amendment challenge would make James’ past political statements about using the office to “go after Trump” legally relevant. It would also allow scrutiny of Engoron.
Fergenson suggests an immediate nullification of the verdict by higher courts to restore the nation’s confidence in New York’s judicial system.
Lastly, Fergenson suggests Trump civilly pursue James and New York District Attorney Alvin Bragg for potentially conspiring to abrogate Trump’s civil rights, a violation of 42 U.S.C. 1983 and 1985.
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