New York Daily News

Don’s dillydally lawsuit

Files against Tish in bid to stop probe of his business

- BY TIM BALK

Donald Trump filed a lawsuit Monday against state Attorney General Letitia James in an attempt to pause her long-running civil probe into possible fraud by the former president’s sprawling family business.

The suit, which arrived after James’ office requested testimony from Trump, paints the investigat­ion as politicall­y motivated and claims James’ office issued “overreachi­ng and irrelevant” subpoenas.

James, a Democrat who dropped out of the New York governor’s race this month, opened the investigat­ion into the Trump Organizati­on in 2019 after Michael Cohen, Trump’s onetime lawyer, said the Queensborn Republican had inflated his assets in financial documents.

James’ office is also working with the Manhattan district attorney in a criminal investigat­ion into the Trump Organizati­on.

The lawsuit filed Monday said James’ probes are “guided solely by political animus and a desire to harass, intimidate, and retaliate against a private citizen who she views as a political opponent.”

“The investigat­ions commenced by James are in no way connected to legitimate law enforcemen­t goals, but rather, are merely a thinly-veiled effort to publicly malign Trump and his associates,” said the 30-page suit, which was filed in the U.S. District Court for the Northern District of New York.

The suit asked the court to “immediatel­y cease or, at a minimum, appropriat­ely limit” James’ investigat­ions into Trump.

James quickly accused Trump of engaging in stall tactics. “Our investigat­ion will continue undeterred because no one is above the law, not even someone with the name Trump,” she said in a statement.

In a statement Monday, Trump countered that the lawsuit “is not about delay, this is about our Constituti­on! You are nothing but a corrupt official doing the dirty work of your party.”

Legal experts, meanwhile, expressed skepticism at the former commander-in-chief’s complaint and described his effort as unusual and premature.

“It seems like political theater,” said Gregory Germain, a professor at Syracuse University Law School, adding that Trump’s complaint appeared “very unlikely to succeed.”

Barbara McQuade, a professor at the University of Michigan

Law School and a former federal prosecutor, called the suit a “cheap publicity stunt.”

“Until she files charges, he has not suffered a legally cognizable harm,” McQuade said. “It seems that any lawyer who did even a little bit of research would know that this is not a valid use of the court.”

The suit outlined a lengthy history of comments criticizin­g Trump made by James, a former city councilwom­an from Brooklyn who previously served as New York City’s public advocate.

The court papers claim that James “lacked any basis to investigat­e Trump” and that she has turned her office into the “right arm” of the Democratic Party.

James’ probe into the Trump

Organizati­on has drawn criticism for its glacial pace, but it has faced roadblocks.

Eric Trump, executive vice president of the Trump Organizati­on, at one point refused to provide testimony. He ultimately took questions after a judge ordered him to sit for a deposition.

James’ office has repeatedly criticized the Trump Organizati­on over its responses to subpoenas as part of the civil investigat­ion. The civil probe cannot produce criminal charges, but it could lead to a lawsuit.

Alina Habba, an attorney for Trump, said in a statement on Monday that James had exhibited “callous disregard” for the ethical obligation­s of her post.

“She has shortchang­ed the state by commencing this partisan investigat­ion and has forever tarnished the sanctity of her office,” Habba said in the statement. “By filing this lawsuit, we intend to not only hold her accountabl­e for her blatant constituti­onal violations, but to stop her bitter crusade.”

James suggested Trump was attempting to use his name and power to freeze the probe. She vowed it would not work.

“The Trump Organizati­on has continuall­y sought to delay our investigat­ion into its business dealings,” James said in the statement. “To be clear, neither Mr. Trump nor the Trump Organizati­on get to dictate if and where they will answer for their actions.”

 ?? ?? Trump resorts to one of his timehonore­d tactics — suing — to try to stop or at least slow down AG James’ (above) investigat­ion of his organizati­on. Tish was having none of it.
Trump resorts to one of his timehonore­d tactics — suing — to try to stop or at least slow down AG James’ (above) investigat­ion of his organizati­on. Tish was having none of it.

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