America First Legal, partnering with Ron Berutti, Esq. of Murray-Nolan Berutti LLC on behalf of its client the Job Creators Network Foundation (JCNF), has filed a motion in the New York Supreme Court Appellate Division, First Department. The motion requests the court to accept an amicus brief supporting former President Trump’s appeal in the Letitia James civil fraud case.
The brief contends that New York Attorney General Letitia James’s prosecution of Trump is politically motivated and could have significant repercussions for business operations in New York. It argues that this legal action will severely impact small businesses, which constitute 98% of New York's enterprises and employ over three million people. Stability and predictability are crucial for these businesses to plan for growth.
According to the brief, the legal actions against Trump involve unconstitutional expansions of existing law, undermining stability in New York. It states that allowing such decisions to stand would mean political opponents could be fined excessively for alleged inaccuracies in company valuations or statements, leading to uncertainty about the law's application.
The brief further argues that these political attacks discourage honest businesspeople from engaging with or remaining in New York’s economy, thus disrupting investment and involvement in the city.
It also claims that this decision undermines the rule of law in New York and potentially violates Due Process guarantees under the Fifth and Fourteenth Amendments of the U.S. Constitution.
Gene Hamilton, Executive Director of America First Legal, stated: “The State of New York has made clear with its political persecution of President Trump that it will stop at nothing to decimate opponents to the ruling regime–including by fining business owners hundreds of millions of dollars because of an alleged ‘fraud’ that didn’t actually defraud a single person or entity. Any business leader who becomes a political opponent, for any reason, could be next. This is anti-American and anti-business, and it cannot stand.”
Elaine Parker, President of Job Creators Network Foundation, remarked: “The political persecution of Donald Trump sets a dangerous precedent that threatens all New York City business owners who run afoul of prosecutors’ progressive sensibilities. The punitive and disproportionate fines that Trump is subject to will chill business investment in the region, hurting small businesses that are already suffering from bad government policies. To protect New York’s small business environment, prevent similar future lawfare, and uphold the rule of law, the Appeals Court should rule in Trump’s favor.”