Before the jury returned in the E. Jean Carroll rape case, I predicted that
Trump would lose.
I also predicted that the outcome of the first trial would
influence the result of the subsequent one.
Why am I certain of these outcomes? Because legal history offers a clear guide to similar high stakes cases. The question on the table is the amount of damages that will be awarded. This certainty of outcome is also applicable to the ongoing trial involving New York Attorney General Letitia James and the Trumps. In fact, on summary judgement,
the judge has already ruled that the Trumps committed fraud. All that remains to be decided now is the amount of restitution.
Unusually, Trump’s legal team’s have already been
sanctioned for making frivolous arguments,
with Trump himself being
sanctioned – twice – for attacking the judge’s clerk after a gag order was issued.
Trump also takes the remarkable approach of publicly
attacking the judge.
The defense being used by Don Jr. and Eric Trump – an old and tired routine of shifting blame – will not likely deter the court. They both testified under oath that they did not approve financial statements; that they were only running the company. However, their argument that the accountants were the decision-makers is set to unravel when accountants claim they were relying on honest numbers
from the Trump Organization.
My prognosis, besides the Trumps losing their New York civil case, extends to broader implications of such a ruling. There are no clear predictions of when the decision will be issued, as the timing is entirely up to the judge. However, an in-depth response is expected, given the gravity of this trial. As to how much the Trumps will have to pay in restitution, that is something only the judge could answer accurately.
The natural mode of journalism is to report things after they happen. But legal analysis allows some predictions and here I provide them as food for thought.
Mark Herrmann has a distinguished career in law and serves as deputy general counsel for a major international company. His publications include The Curmudgeon’s Guide to Practicing Law
and Drug and Device Product Liability Litigation Strategy. He can be reached at inhouse@abovethelaw.com.