Two of Five Elements Lacking in Engoron Decision: Reliance & Damages

SOMEONE MUST HAVE told Fani Willis things didn’t go well for her in court on Thursday, because she clearly didn’t figure it out herself. It’s a good thing they did. On Friday, she didn’t return to the stand. As Sen. J.D. Vance (R-Ohio) observed, “It’s like every other two-minute clip I watch of this Fani Willis interview she admits to committing another felony.” (Not bad for a prosecutor, huh?) A chyron on CNN brought howls of laughter as to why she would not appear: “SOURCES: FULTON PROSECUTORS THINK WILLIS’ TESTIMONY WAS ENOUGH TO BEAT DISQUALIFICATION BID, DON’T NEED MORE.”

Today, the story got weirder and weirder when Fani’s daddy, a former Black Panther, testified at length. He was as defensive as she was, and substantiated her claim she was advised by him to keep loads of cash at home. He admitted to having watched TV coverage from the day before, even though he was to be sequestered, making Judge Scott McAfee comment he would not exclude the testimony, but it would be weighed in assessing his credibility. McAfee finally adjourned court for the day after denying the state’s request to call a client of paramour Nathan Wade and Terrence Bradley’s law firm who was expected to to testify that Bradley had allegedly sexually assaulted her. Bradley had claimed privilege, but after some inquiry, McAfee had serious doubt that Bradley even knew what privilege is. (More here.) Whether Wade can asset attorney-client privilege over some evidence form his former law partner and divorce attorney, Terrence Bradley, will have to be decided later next week. Defense counsel and prosecutors will file any final legal briefs, too. McAfee did a good job, despite my earlier reservation.

Up north, New York A.G. Letitia James was having a much better day on Friday. Judge Arthur Engoron released his ruling in the Trump ‘civil fraud’ malicious prosecution case (here), which fined not only 45th President  Donald Trump, but his two adult sons and the Trump Organization itself, in an amount exceeding $360 million. In something I haven’t heard of, Engoron further fined the Trumps pre-judgment interest’ on the fines, which seems not only excessive, but illegal.

In a press conference, James said Trump was banned from doing business in NY for three years. She added: “Donald Trump falsely, knowingly inflated his net worth by billions of dollars to unjustly enrich himself, his family, and to cheat the system. We proved just how much Donald Trump, his family, and his company unjustly benefited from his fraud. Today, the court once again ruled in our favor and in favor of every hard-working American who plays by the rules. Donald Trump and the other defendants were ordered to pay $463.9 million. That represents $363.9 million in disgorgement, plus $100 million in interest, which will continue to increase every single day until it is paid.” 

Only problem? What she said is wrong. Trump didn’t “cheat” or “unjustly benefit,” and the ruling doesn’t favor, though it may harm, any “hard-working American.” There were no victims.

Author: Annie Moss

Political junkie and writer. Copyright 2016-2024. All Rights Reserved.

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