Donald Trump’s Latest Lawsuit Against NY AG Letitia James Is A Sanctionable Joke
Earlier today, Donald Trump and the Trump Organization filed a federal lawsuit against New York Attorney General Letitia James seeking to have the court enjoin AG James’ civil investigation of Trump and his company. The lawsuit is a joke, and not a funny one at that. It has zero chance of success. In fact, the most likely outcome is that Trump’s attorney, Alina Habba, will be sanctioned for filing a frivolous lawsuit.
Trump’s lawsuit is 30 pages of PR posing as a legal pleading.
The vast majority of the document is a recitation of the many times that Tish James stated that she believed that Donald Trump is a threat to the Republic and vowed to use her political office (first as NYC Public Advocate and then as NY State Attorney General) to bring him to justice. There is nothing remotely actionable about any of the statements that Trump quotes.
Trump also recites that James’ investigation relies upon Michael Cohen, and contends that the investigation is fatally tainted because Cohen admittedly lied during his initial testimony before Congress. If relying upon cooperating co-conspirators automatically killed an investigation, John Gotti never would have been convicted on the testimony of admitted murderer Sammy “the Bull” Gravano.
Trump then attacks Tish James’ separate lawsuit against the operations of Eric Trump’s charity. Even if there was something wrong with that investigation (and none is alleged), Trump would have no standing to complain — only Eric Trump would.
Finally, Trump contends that James’ subpoenas to obtain records from and about Trump and his company are an improper “fishing expedition”. Of course, Trump fought similar subpoenas from Manhattan DA Cy Vance all the way to the US Supreme Court, and lost.
Trump’s lawsuit is not only meritless on the facts, it is filed in a court with no power to act. As any law student who took a course of Federal Courts would know, a federal court simply will not step in to enjoin a state official from proceeding with an investigation in state court. If Trump wants to attack James’ investigation, he must bring that complaint in New York State court - specifically the court that has jurisdiction over the investigation.
Why did Trump file a lawsuit with zero chance of success? I do not know, because I cannot read his mind. Pattern recognition tells me that his goal may have been to generate headlines, particularly in the MAGA-friendly outlets.
In the words of Public Enemy, Don’t Believe The Hype.
Mitch, you fail to mention that federal court is the appropriate forum for an allegation of violation of federal constitutional rights. While Trump will almost certainly fail on the merits, he does make First and Fourth Amendment claims, which belong in federal court.