One Political Plaza - Home of politics
Home Active Topics Newest Pictures Search Login Register
Main
NY judge denied request from prez "t" and family members to dismiss a lawsuit against them and the Trump Foundation (Fri, 11/23/2018)
Nov 26, 2018 16:58:23   #
tNotMyPrez Loc: So. CA, USA
 
YET ANOTHER LEGAL QUAGMIRE THAT RUMPO HAS D**GGED HIS KIDS INTO - - SELF-SERVING, MUCH ??? - - WHAT A DAD !!!

Friday 11/23/2018 - - Trump Foundation lawsuit: New York state judge rejects Trump claim that he can't be sued because he is president

* A New York Supreme Court judge on Friday denied a request from President Donald Trump and his family members to dismiss a lawsuit against them and the Trump Foundation.

* In her ruling, Justice Saliann Scarpulla shot down an argument from the Trump family's attorneys that the case should be dismissed because the Supremacy Clause of the U.S. Constitution suggests "a sitting president may not be sued."

* The suit from New York state Attorney General Barbara Underwood alleges that the charitable foundation violated state and federal laws for "more than a decade."


While the Constitution prohibits state courts from exercising “direct control” in a way that interferes with federal officers’ duties, Scaruplla wrote: “Here, the allegations raised in the Petition do not involve any action taken by Mr. Trump as president and any potential remedy would not affect Mr. Trump’s official federal duties.”

Scarpulla noted that the defendants “have failed to cite a single case in which any court has dismissed a civil action against a sitting president on Supremacy Clause grounds, where, as here, the action is based on the president’s unofficial acts.”

“I find that I have jurisdiction over Mr. Trump and deny Respondents’ motion to dismiss the petition against him on jurisdictional grounds,” she wrote.

NY State AG Barbara Underwood: “As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump’s business and political interests. There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation...


The “pattern” of illegality...included “improper and extensive political activity, repeated and willful self-dealing t***sactions, and failure to follow basic fiduciary obligations or to implement even elementary corporate formalities required by law.” (see ** below)

Read the full article here:

https://www.cnbc.com/2018/11/23/new-york-state-judge-rejects-trump-claim-that-he-cant-be-sued-because-hes-president.html

** from MSNBC/Rachel Maddow

...the president personally signed federal tax returns – under penalty of perjury – swearing that his foundation wasn’t used for political and/or business purposes, and we now know there’s quite a bit of evidence that suggests it was used for both.

...the New York Times also reported that the NY State Department of Taxation and Finance “has opened an investigation into whether the Donald J. Trump Foundation violated state tax laws, a move that could lead to a criminal referral for possible prosecution.”

Jenny Johnson Ware, a criminal tax attorney in Chicago, told the New York Times in June: “People have gone to prison for stuff like this, and if I were representing someone with facts like this, assuming the facts described in this petition are true, I would be very worried about an indictment.”

...“the judge in the case, Saliann Scarpulla, made a series of comments and rulings from the bench that hinted – well, all but screamed - that she believes the Trump family has done some very bad things.”

The judge has urged the Trumps to settle. The president has said he won’t.

The longer this case exists, the greater the threat it will pose to the president.


http://www.msnbc.com/rachel-maddow-show/judge-rejects-trumps-argument-about-his-scandal-plagued-foundation?cid=eml_mra_20181126



Reply
Nov 26, 2018 17:01:03   #
Lonewolf
 
tNotMyPrez wrote:
YET ANOTHER LEGAL QUAGMIRE THAT RUMPO HAS D**GGED HIS KIDS INTO - - SELF-SERVING, MUCH ??? - - WHAT A DAD !!!

Friday 11/23/2018 - - Trump Foundation lawsuit: New York state judge rejects Trump claim that he can't be sued because he is president

* A New York Supreme Court judge on Friday denied a request from President Donald Trump and his family members to dismiss a lawsuit against them and the Trump Foundation.

* In her ruling, Justice Saliann Scarpulla shot down an argument from the Trump family's attorneys that the case should be dismissed because the Supremacy Clause of the U.S. Constitution suggests "a sitting president may not be sued."

* The suit from New York state Attorney General Barbara Underwood alleges that the charitable foundation violated state and federal laws for "more than a decade."


While the Constitution prohibits state courts from exercising “direct control” in a way that interferes with federal officers’ duties, Scaruplla wrote: “Here, the allegations raised in the Petition do not involve any action taken by Mr. Trump as president and any potential remedy would not affect Mr. Trump’s official federal duties.”

Scarpulla noted that the defendants “have failed to cite a single case in which any court has dismissed a civil action against a sitting president on Supremacy Clause grounds, where, as here, the action is based on the president’s unofficial acts.”

“I find that I have jurisdiction over Mr. Trump and deny Respondents’ motion to dismiss the petition against him on jurisdictional grounds,” she wrote.

NY State AG Barbara Underwood: “As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump’s business and political interests. There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation...


The “pattern” of illegality...included “improper and extensive political activity, repeated and willful self-dealing t***sactions, and failure to follow basic fiduciary obligations or to implement even elementary corporate formalities required by law.” (see ** below)

Read the full article here:

https://www.cnbc.com/2018/11/23/new-york-state-judge-rejects-trump-claim-that-he-cant-be-sued-because-hes-president.html

** from MSNBC/Rachel Maddow

...the president personally signed federal tax returns – under penalty of perjury – swearing that his foundation wasn’t used for political and/or business purposes, and we now know there’s quite a bit of evidence that suggests it was used for both.

...the New York Times also reported that the NY State Department of Taxation and Finance “has opened an investigation into whether the Donald J. Trump Foundation violated state tax laws, a move that could lead to a criminal referral for possible prosecution.”

Jenny Johnson Ware, a criminal tax attorney in Chicago, told the New York Times in June: “People have gone to prison for stuff like this, and if I were representing someone with facts like this, assuming the facts described in this petition are true, I would be very worried about an indictment.”

...“the judge in the case, Saliann Scarpulla, made a series of comments and rulings from the bench that hinted – well, all but screamed - that she believes the Trump family has done some very bad things.”

The judge has urged the Trumps to settle. The president has said he won’t.

The longer this case exists, the greater the threat it will pose to the president.


http://www.msnbc.com/rachel-maddow-show/judge-rejects-trumps-argument-about-his-scandal-plagued-foundation?cid=eml_mra_20181126
b i color=blue YET u ANOTHER /u LEGAL QUAGMIR... (show quote)



Reply
Nov 26, 2018 17:12:56   #
Michael Rich Loc: Lapine Oregon
 
tNotMyPrez wrote:
YET ANOTHER LEGAL QUAGMIRE THAT RUMPO HAS D**GGED HIS KIDS INTO - - SELF-SERVING, MUCH ??? - - WHAT A DAD !!!

Friday 11/23/2018 - - Trump Foundation lawsuit: New York state judge rejects Trump claim that he can't be sued because he is president

* A New York Supreme Court judge on Friday denied a request from President Donald Trump and his family members to dismiss a lawsuit against them and the Trump Foundation.

* In her ruling, Justice Saliann Scarpulla shot down an argument from the Trump family's attorneys that the case should be dismissed because the Supremacy Clause of the U.S. Constitution suggests "a sitting president may not be sued."

* The suit from New York state Attorney General Barbara Underwood alleges that the charitable foundation violated state and federal laws for "more than a decade."


While the Constitution prohibits state courts from exercising “direct control” in a way that interferes with federal officers’ duties, Scaruplla wrote: “Here, the allegations raised in the Petition do not involve any action taken by Mr. Trump as president and any potential remedy would not affect Mr. Trump’s official federal duties.”

Scarpulla noted that the defendants “have failed to cite a single case in which any court has dismissed a civil action against a sitting president on Supremacy Clause grounds, where, as here, the action is based on the president’s unofficial acts.”

“I find that I have jurisdiction over Mr. Trump and deny Respondents’ motion to dismiss the petition against him on jurisdictional grounds,” she wrote.

NY State AG Barbara Underwood: “As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump’s business and political interests. There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation...


The “pattern” of illegality...included “improper and extensive political activity, repeated and willful self-dealing t***sactions, and failure to follow basic fiduciary obligations or to implement even elementary corporate formalities required by law.” (see ** below)

Read the full article here:

https://www.cnbc.com/2018/11/23/new-york-state-judge-rejects-trump-claim-that-he-cant-be-sued-because-hes-president.html

** from MSNBC/Rachel Maddow

...the president personally signed federal tax returns – under penalty of perjury – swearing that his foundation wasn’t used for political and/or business purposes, and we now know there’s quite a bit of evidence that suggests it was used for both.

...the New York Times also reported that the NY State Department of Taxation and Finance “has opened an investigation into whether the Donald J. Trump Foundation violated state tax laws, a move that could lead to a criminal referral for possible prosecution.”

Jenny Johnson Ware, a criminal tax attorney in Chicago, told the New York Times in June: “People have gone to prison for stuff like this, and if I were representing someone with facts like this, assuming the facts described in this petition are true, I would be very worried about an indictment.”

...“the judge in the case, Saliann Scarpulla, made a series of comments and rulings from the bench that hinted – well, all but screamed - that she believes the Trump family has done some very bad things.”

The judge has urged the Trumps to settle. The president has said he won’t.

The longer this case exists, the greater the threat it will pose to the president.


http://www.msnbc.com/rachel-maddow-show/judge-rejects-trumps-argument-about-his-scandal-plagued-foundation?cid=eml_mra_20181126
b i color=blue YET u ANOTHER /u LEGAL QUAGMIR... (show quote)


All of your red lettering is offensive, no thanks.

Reply
Nov 26, 2018 17:55:34   #
tNotMyPrez Loc: So. CA, USA
 
byronglimish wrote:
All of your red lettering is offensive, no thanks.

Well, it takes a reasonable amount of time to summarize and highlight articles - - the system provides the capability to bold, italicize and color highlight posted text - - so I try to use it to the advantage of everyone.

I add it for emphasis, using it the same way as if I were studying and or summarizing a textbook or other important reading material.

Many folks don't click on links to read the entire articles, so it seems that there's everything good about a summary emphasizing important info.

You may be one of those who prefers to click on the link and read articles in their entirety - - and if that's the case, why don't you just do that?

But if all you do is complain about my style of posting, rather than grasping the point of the material, then I guess you're just going to remain uninformed.



Reply
Nov 26, 2018 18:07:50   #
Boo_Boo Loc: Jellystone
 
The overuse of any capability, to bold or use italicizes, and colors can detract from your message. I read the title to your thread, opened it to read.... and them immediately stopped.
Too much is too much! Also, when you engage in schoolyard name calling.... your message gets lost. Keep in mind, people have emotions and when you anger them.... no matter how logical or well thought out your message, angry people will never see your point of view. If this is as important, as you believe, then focus on delivering a message and not your personal attitude.
tNotMyPrez wrote:
Well, it takes a reasonable amount of time to summarize and highlight articles - - the system provides the capability to bold, italicize and color highlight posted text - - so I try to use it to the advantage of everyone.

I add it for emphasis, using it the same way as if I were studying and or summarizing a textbook or other important reading material.

Many folks don't click on links to read the entire articles, so it seems that there's everything good about a summary emphasizing important info.

You may be one of those who prefers to click on the link and read articles in their entirety - - and if that's the case, why don't you just do that?

But if all you do is complain about my style of posting, rather than grasping the point of the material, then I guess you're just going to remain uninformed.
Well, it takes a reasonable amount of time to summ... (show quote)

Reply
Nov 26, 2018 18:33:24   #
tNotMyPrez Loc: So. CA, USA
 
Pennylynn wrote:
The overuse of any capability, to bold or use italicizes, and colors can detract from your message. I read the title to your thread, opened it to read.... and them immediately stopped.
Too much is too much! Also, when you engage in schoolyard name calling.... your message gets lost. Keep in mind, people have emotions and when you anger them.... no matter how logical or well thought out your message, angry people will never see your point of view. If this is as important, as you believe, then focus on delivering a message and not your personal attitude.
The overuse of any capability, to bold or use ita... (show quote)

As you might be able to infer, I don't agree with you, but thank you for providing your POV.

I am interested in finding out what part of my response you're characterizing as "schoolyard name-calling".

Reply
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
Main
OnePoliticalPlaza.com - Forum
Copyright 2012-2024 IDF International Technologies, Inc.