Tag Archives: New York State Supreme Court

The Continuing Lawfare

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The Epoch Times reported yesterday that the lawfare against President Trump slowed slightly yesterday when the New York state Supreme Court’s First Judicial Department Appellate Division granted a stay of enforcement on the $464 million judgment on former President Donald Trump.

The article reports:

The New York state Supreme Court’s First Judicial Department Appellate Division has granted a stay of enforcement on the $464 million judgment on former President Donald Trump with conditions, allowing The Trump Organization to avert having assets imminently seized by the New York attorney general.

The order came after defense attorneys argued that a $464 million bond was impossible after having contracted four brokers to negotiate with more than 30 companies. Sureties don’t issue bonds that large for private individuals, and even if The Trump Organization were a public conglomerate they could issue such a bond to, it would require some $570 million in cash to cover additional premiums.

The court’s conditions for lowering the bond include President Trump posting $175 million within 10 days and the other orders on the judgment going into effect.

The judgment permanently bars former Trump Organization Chief Financial Officer Allen Weisselberg and former Comptroller Jeffrey McConney from serving in financial control of any New York business entity; permanently bars President Trump, Mr. Weisselberg, and Mr. McConney from serving as an officer or director of any New York corporation for three years; bars President Trump from applying for loans from New York financial institutions for three years; and bars Donald Trump Jr. and Eric Trump from serving as an officer or director in New York for two years.

There was no stay requested for the continuance of an independent monitor overseeing financial matters in The Trump Organization or the installation of a compliance officer.

Just for the record, there is no Constitutional justification for a government entity placing a monitor or a compliance officer in a private business. This is an affront to the concept of free enterprise that  built America. I would like to see every major business leave New York State until they rescind whatever ‘law’ they are using to justify their actions against President Trump.

The Courts Are Standing Up For The Rights Of Americans

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On Monday, The Daily Wire reported that Judge Thomas Rademaker, a New York state Supreme Court judge, Monday struck down Democrat Governor Kathy Hochul’s mask mandate for schools and public locations.

The article reports:

“There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished,” Judge Thomas Rademaker said in the ruling. “However, enacting any laws to this end is entrusted solely to the State Legislature. While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature.”

Hochul’s mask mandate was “violative of the State Administrative Procedure Act as promulgated and enacted and therefore null, void, and unenforceable as a matter of law,” the judge wrote, adding that it was also “violative of the Public Health Law as promulgated and enacted and therefore null, void, and unenforceable as a matter of law.”

Hochul responded by saying  in a statement that her “responsibility as Governor is to protect New Yorkers throughout this public health crisis” and claiming that her mask mandate would “help prevent the spread of COVID-19 and save lives.”

There is no scientific evidence that masks prevent the spread of the coronavirus or save lives. One scientist has compared wearing a cloth mask to protect from the coronavirus to putting up a chain-link fence to keep out mosquitoes. It’s time that we get back to the actual process of making laws that is enshrined in our Constitution–laws are made by legislative bodies elected by the citizens and held accountable by the voters.