NEW YORK: New York’s attorney general says her three-year investigation of former President Donald Trump uncovered potential crimes in the way he ran his real estate empire, including allegations of bank and insurance fraud.
So why isn’t Trump being prosecuted?
Attorney General Letitia James didn’t seek to slap handcuffs on the Republican this week, as some of his critics hoped. Instead, she announced a civil lawsuit seeking $250 million and his permanent banishment from doing business in the state.
Like many things involving the law and Trump, the reasons James, a Democrat, opted for a lawsuit rather than a prosecution are complicated.
For one, even if she did want to prosecute Trump, she doesn’t have jurisdiction under state law to bring a criminal case against him or any of the lawsuit’s other defendants, including the Trump Organization and his three eldest children, Donald Jr., Ivanka and Eric Trump.
In New York, the state attorney general’s office is only allowed to prosecute a limited range of offenses on its own, like bid rigging and payroll violations.
Otherwise, the office must partner with a county district attorney on a prosecution — as James’ office did with the Manhattan district attorney’s office in a case against Trump’s longtime finance chief — or obtain what’s known as a criminal referral from the governor or a state agency that has jurisdiction over the alleged wrongdoing.
Even then, mounting a criminal fraud case is far more challenging than a civil lawsuit.
In a criminal case, prosecutors would have to prove beyond a reasonable doubt that Trump intended to commit a crime. In the lawsuit — if it goes to trial — jurors would only need to be persuaded it was more likely than not that wrongdoing occurred.
Filing a civil lawsuit while letting others sort out potential criminal violations is a sound strategy, legal experts said, allowing James to seek remedies other than prison time.
It allows the attorney general to avoid the kind of internal debate about criminal charges that fractured the Manhattan district attorney’s parallel investigation into Trump earlier this year.
No former US president has ever been charged with a crime.
The prospect of Trump, 76, behind bars as a result of a criminal prosecution could give juries pause, make judges more careful and make winning more difficult, said University of Richmond law professor Carl Tobias.
“Even for Trump, people don’t like him, but do they want to put him away?” Tobias said. “What would it take? What kind of punishment would be appropriate? So it’s just all around more difficult.”
A civil case, given its lower burden of proof standard, is “a lot easier to assemble ... and probably win,” Tobias said.
Trump, a Republican who’s laying the groundwork for another presidential run in 2024, has derided James as “a fraud who campaigned on a ‘get Trump’ platform.’”
In an interview Wednesday night with Fox News Channel’s Sean Hannity, Trump suggested that his company had protected itself against possible fraud allegations by warning banks and potential business partners not to trust the information in its financial disclosures.
“We have a disclaimer right on the front,” Trump said. “’You’re at your own risk.’ ... ‘Be careful because it may not be accurate. It may be way off.’ ... ‘Get your own people. Use your own appraisers. Use your own lawyers. Don’t rely on us.’”
James said at a news conference Wednesday that her office was referring its findings to the US attorney’s office in Manhattan and the Internal Revenue Service, and would share evidence of possible state law violations with the Manhattan district attorney’s office, if requested.
The US attorney’s office in Manhattan said it was aware of James’ referral of potential criminal violations, but otherwise declined comment. The Internal Revenue Service’s criminal investigation division said it “doesn’t confirm the existence of investigations until court documents are publicly available.”
Manhattan District Attorney Alvin Bragg said his probe of Trump was “active and ongoing.”
The former prosecutor who had been leading Bragg’s investigation, Mark Pomerantz, resigned in February because he felt the office should be moving more quickly to bring criminal charges against Trump.
In a resignation letter, Pomerantz wrote that he believes the former president is “guilty of numerous felony violations.”
He said he had told Bragg there was “evidence sufficient to establish Mr. Trump’s guilt beyond a reasonable doubt” of many of the same allegations that now appear in James’ lawsuit — including that Trump falsified financial statements to secure loans and burnish his image as a wealthy businessman.
If there’s no settlement agreement, James’ lawsuit against Trump could take years to play out and might not be resolved before the 2024 presidential election.
A fraud lawsuit James filed against the National Rifle Association recently entered its third year, slowed by legal wrangling and the powerful gun advocacy group’s attempts to get the case thrown out. No trial date has been set.
Drawn out legal proceedings could hurt Trump’s business by making lenders and potential partners reluctant to cut deals. But, if history is any guide, it’s not likely to be a crushing blow. Against the odds, and despite no shortage of legal battles in recent years, the company has been able to get new loans and raise money.
In February, the Trump Organization got a $100 million from a California bank to refinance commercial and retail space in its Trump Tower headquarters. That deal was struck just three days after Trump’s long-time accountants, Mazurs, disavowed a decade of financial statements it had helped prepare — a serious blow to his business reputation.
That big loan also came after the Trump Organization had already been indicted on fraud charges by the Manhattan district attorney’s office for allegedly helping executives evade taxes. That case is scheduled to go to trial next month.
Another recent victory for Trump as his legal troubles mount: Selling his Washington D.C. hotel for $375 million, far more than expected.
Several lending experts said the new loan show why much of Trump’s business is insulated from his political and legal storms: What matters most in real estate is the cash thrown off by rent and the collateral of the buildings — not the reputation of the owner.
NY probe found potential crimes. Why isn’t Trump in cuffs?
https://arab.news/wcxhz
NY probe found potential crimes. Why isn’t Trump in cuffs?
- In New York, the state attorney general’s office is only allowed to prosecute a limited range of offenses on its own, like bid rigging and payroll violations
Trump says Biden administration uses ‘Gestapo’ tactics: US media
- The “Gestapo” comment came as the campaign has begun heating up, and it follows several other Trump remarks that critics have said are dangerously inflammatory, including calling political rivals “vermin” and comparing immigrants to “animals”
WASHINGTON: Former president Donald Trump has sharpened his allegation that his Democratic successor has weaponized the US justice system against him, comparing Joe Biden’s tactics to those of Hitler’s Gestapo, American media reported Sunday.
The Republican 2024 presidential candidate made the remark during a private meeting Saturday with top party leaders and wealthy donors at his Mar-a-Lago resort in Florida, according to a recording provided to US media by one donor.
In a 90-minute speech, Trump accused the Democrats of “running a Gestapo administration,” referring to the secret police force in Nazi Germany. “It’s the only way they’re going to win,” he said.
The “Gestapo” comment came as the campaign has begun heating up, and it follows several other Trump remarks that critics have said are dangerously inflammatory, including calling political rivals “vermin” and comparing immigrants to “animals.”
His comments in Mar-a-Lago brought loud applause from the audience, which included a number of potential vice presidential picks, according to Politico.
He again lashed out at the prosecutors who have brought four separate court cases against him, including the hush-money trial now taking place in New York.
Trump denounced what he claimed was a “witch hunt” hatched by the Democratic administration to eliminate his key presidential rival.
The White House, which has denied any involvement in the legal cases, denounced Trump’s comments on Sunday.
“Instead of echoing the appalling rhetoric of fascists, lunching with Neo Nazis, and fanning debunked conspiracy theories that have cost brave police officers their lives, President Biden is bringing the American people together around our shared democratic values and the rule of law,” spokesman Andrew Bates said.
Biden’s campaign also responded, saying the Republican’s angry remarks confirmed “what we already knew: Trump’s campaign is about him. His fury, his revenge, his lies, and his retribution.”
Anti-war protesters leave USC after police arrive, while Northeastern ceremony proceeds calmly
- Israel has killed more than 34,000 Palestinians, according to Gaza’s Health Ministry
WASHINGTON: Students protesting the war in Gaza abandoned their camp at the University of Southern California early Sunday after being surrounded by police and threatened with arrest, while Northeastern University’s commencement began peacefully at Boston’s Fenway Park.
Developments in both places were being watched closely following scores of arrests last month — 94 people at USC in Los Angeles and about 100 at Northeastern in Boston.
Dozens of Los Angeles Police Department officers arrived about 4 a.m. at USC to assist campus safety officers. The university had warned of arrests on social media and in person. Video showed some protesters packing up and leaving, while officers formed lines to push others away from the camp as it emptied out. The university said there were no reports of any arrests.
USC President Carol Folt said it was time to draw a line because “the occupation was spiraling in a dangerous direction” with areas of campus blocked and people being harassed.
“The operation was peaceful,” Folt wrote in an update. “Campus is opening, students are returning to prepare for finals, and commencement set-up is in full swing.”
USC earlier canceled its main graduation ceremony while allowing other commencement activities to continue.
At the Northeastern commencement Sunday, some students waved small Palestinian and Israeli flags, but were outnumbered by those waving the flags of India and the US, among others. Undergraduate student speaker Rebecca Bamidele drew brief cheers when she called for peace in Gaza.
The Associated Press has tallied about 2,500 people arrested at about 50 campuses since April 18, based on its reporting and statements from universities and law enforcement.
Arrests continued apace over the weekend. At the University of Virginia, there were 25 arrests Saturday for trespassing after police clashed with protesters who refused to remove tents. At the Art Institute of Chicago campus, police cleared a pro-Palestinian encampment hours after it was set up Saturday and arrested 68 people, saying they would be charged with criminal trespass.
ARRESTS IN VIRGINIA
In Charlottesville, Virginia, student demonstrators began their protest on a lawn outside the school chapel Tuesday. Video on Saturday showed police in riot gear and holding shields lined up on campus, while protesters chanted “Free Palestine.”
As police moved in, students were pushed to the ground, pulled by their arms and sprayed with a chemical irritant, Laura Goldblatt, an assistant professor who has been helping the demonstrators, told The Washington Post. The university said protesters were told that tents were banned under school policy and were asked to remove them.
Virginia Attorney General Jason Miyares told Fox News on Sunday the police response was justified because students had been warned repeatedly to leave, were violating the school’s conduct code, and that outsiders who were not students provided protesters with supplies like wooden barriers.
“We’ve seen folks that are not students show up in riot gear with bull horns to direct the protesters on how to flank our officers,” Miyares said.
He said some had put bear spray into water bottles and thrown them at officers.
It was the latest clash in weeks of protests and tension at US colleges and universities.
Tent encampments of protesters urging universities to stop doing business with Israel or companies they say support the war in Gaza have spread in a student movement unlike any other this century. Some schools reached agreements with protesters to end the demonstrations and reduce the possibility of disrupting final exams and commencements.
DEMONSTRATIONS AMID COMMENCEMENT
The University of Michigan was among the schools bracing for protests during commencement this weekend, as were Indiana University, Ohio State University and Northeastern. More ceremonies are planned in the coming weeks.
In Ann Arbor, there was a protest at the beginning of the event at Michigan Stadium. About 75 people, many wearing traditional Arabic kaffiyehs along with their graduation caps, marched up the main aisle toward the stage.
They chanted “Regents, regents, you can’t hide! You are funding genocide!” while holding signs, including one that read: “No universities left in Gaza.”
Overhead, planes pulled banners with competing messages. “Divest from Israel now! Free Palestine!” and “We stand with Israel. Jewish lives matter.”
Officials said no one was arrested, and the protest didn’t seriously interrupt the nearly two-hour event, attended by tens of thousands of people, some of them waving Israeli flags.
OTHER PROTESTS CONTINUE
At Indiana University, protesters urged supporters to wear their kaffiyehs and walk out during remarks by school President Pamela Whitten on Saturday evening. The Bloomington campus designated a protest zone outside Memorial Stadium, where the ceremony was held.
At Princeton University in New Jersey, 18 students began a hunger strike to try to push the university to divest from companies tied to Israel. Students at other colleges, including Brown and Yale, launched similar hunger strikes this year before the more recent wave of demonstrations.
The protests stem from the conflict that started Oct. 7 when Hamas militants attacked southern Israel, killing about 1,200 people, mostly civilians, and taking roughly 250 hostages. Vowing to destroy Hamas, Israel launched an offensive in Gaza that has killed more than 34,500 Palestinians, about two-thirds of them women and children, according to the Health Ministry in the Hamas-ruled territory. Israeli strikes have devastated the enclave and displaced most of its inhabitants.
China’s Xi in France for Macron talks on Ukraine
- Tuesday will see Macron take Xi to the Pyrenees mountains to an area he used to visit as a boy for a day of less public talks
PARIS: Chinese President Xi Jinping arrived in France Sunday on a state visit hosted by Emmanuel Macron where the French leader will seek to warn his counterpart against backing Russia in the conflict over Ukraine.
Xi’s arrival for the visit marking 60 years of diplomatic relations between France and China heralded the start of his first trip to Europe since 2019, which will also see him visit Serbia and Hungary.
But Xi’s choice of France as the sole major European power to visit indicates the relative warmth in Sino-French relations since Macron made his own state visit to China in April 2023 and acknowledges the French leader’s stature as an EU powerbroker.
The leader of the one-party Communist state of more than 1.4 billion people, accompanied by his wife Peng Liyuan, was welcomed under umbrellas at a drizzly Paris Orly airport by Prime Minister Gabriel Attal.
Xi is to hold a day of talks in Paris on Monday — also including EU Commission chief Ursula von der Leyen — followed by a state banquet hosted by Macron at the Elysee.
Tuesday will see Macron take Xi to the Pyrenees mountains to an area he used to visit as a boy for a day of less public talks.
In an op-ed for Le Figaro daily, Xi said that he wanted to work with the international community to find ways to solve the conflict sparked by Russia’s invasion of Ukraine, while emphasising that China was “neither a party nor a participant” in the conflict.
“We hope that peace and stability will return quickly to Europe and intend to work with France and the entire international community to find good paths to resolve the crisis,” he wrote.
A key priority of Macron will be to warn Xi of the danger of backing Russia, with Western officials concerned Moscow is already using Chinese machine tools in arms production.
Beijing’s ties with Moscow have, if anything, warmed after the invasion and the West wants China above all not to supply weapons to Russia and risk tipping the balance in the conflict.
“It is in our interest to get China to weigh in on the stability of the international order,” said Macron in an interview with The Economist published on Thursday.
Macron also said in the interview that Europe must defend its “strategic interests” in its economic relations with China, accusing Beijing of not respecting the rules on international trade.
But he acknowledged in an interview with the La Tribune Dimanche newspaper that Europeans are “not unanimous” on the strategy to adopt as “certain actors still see China essentially as a market of opportunities” while it “exports massively” to Europe.
The French president had gladdened Chinese state media and troubled some EU allies after his 2023 visit by declaring that Europe should not be drawn into a “bloc versus bloc” standoff between China and the United States, particularly over democratic, self-ruled Taiwan.
China views the island as part of its territory and has vowed to take it one day, by force if necessary.
Rights groups are urging Macron to bring up human rights in the talks, accusing China of failing to respect the rights of the Uyghur Muslim minority and of keeping dozens of journalists behind bars.
“President Macron should make it clear to Xi Jinping that Beijing’s crimes against humanity come with consequences for China’s relations with France,” said Maya Wang, acting China director at Human Rights Watch.
The group said human rights in China had “severely deteriorated” under Xi’s rule.
A crowd of protesters on Sunday unfurled a Tibetan flag at a demonstration in Paris, accusing Xi of being a “dictator” and wanting to erase local culture in the Tibet region, an AFP reporter said. Paris police put the number of protesters at two thousand.
However analysts are skeptical that Macron will be able to exercise much sway over the Chinese leader, even with the lavish red carpet welcome and a trip to the bracing mountain airs of the Col du Tourmalet over 2,000 meters (6,560 feet) above sea level on Tuesday.
The other two countries chosen by Xi for his tour, Serbia and Hungary, are seen as among the most sympathetic to Moscow in Europe.
“The two core messages from Macron will be on Chinese support to Russia’s military capabilities and Chinese market-distorting practices,” said Janka Oertel, director of the Asia program at the European Council on Foreign Relations.
“However, both messages are unlikely to have a significant impact on Chinese behavior: Xi is not on a mission to repair ties, because from his point of view all is well.”
Niger receives new Russian advisers, equipment
- US Defense Secretary Lloyd Austin indicated on Thursday that Russian troops were now installed at a Nigerien air base near the Niamey airport that also houses US troops
NIAMEY: New Russian military advisers and military equipment have arrived in Niger, according to state television in the African country that wants US forces to leave.
A first set of about 100 Russian advisers arrived in Niger on April 10, along with air defense systems.
Two military transporters arrived on Saturday, according to Tele Sahel that said Russia has now sent three cargo planes of military material and instructors in the past month.
The Africa Corps, seen as the successors of the Wagner paramilitary group in Africa, confirmed the instructors’ arrival in a posting on the group’s Telegram account.
FASTFACT
US Defense Secretary Lloyd Austin indicated that Russian troops were now installed at an air base near the Niamey airport that also houses US troops.
On Saturday, it said more trainers, equipment, and food products had arrived.
US Defense Secretary Lloyd Austin indicated on Thursday that Russian troops were now installed at a Nigerien air base near the Niamey airport that also houses US troops.
Niger’s military regime, which took power in a July 2023 coup, expelled French troops based in the country and then denounced a military cooperation agreement with the US.
It said this had been “unilaterally imposed” by Washington.
Washington agreed in April to withdraw roughly 1,000 soldiers from the country.
Negotiations are underway between the United States and Niger about the withdrawal.
US forces have a key drone base near Agadez, built at a cost of about $100 million.
Niger’s military leaders have moved closer to Russia, as have Mali and Burkina Faso, which also have military coup leaders and are fighting rebel groups affiliated with Al-Qaeda and Daesh.
In April, Idrissa Soumana Maiga, head of the private L’Enqueteur newspaper, was imprisoned after an article mentioned the “presumed” installation of Russian listening devices in official buildings.
Brazil mounts frantic rescue effort as flooding kills at least 78
- The rainfall eased Saturday night but was expected to continue for the next 24-36 hours, with authorities warning of landslides
PORTO ALEGRE, Brazil: Authorities in southern Brazil scrambled Sunday to rescue people from raging floods and mudslides in what has become the region’s largest ever climate catastrophe, with at least 78 dead and 115,000 forced from their homes.
Entire cities were underwater, with thousands of people cut off from the world by the floodwater, brought by days of torrential rains.
In Porto Alegre, the capital of Rio Grande do Sul state, residents stood on rooftops hoping to be rescued as others in canoes or small boats navigated streets that have become rivers.
After what one climatologist called “a disastrous cocktail” of climate change and the El Nino effect, more than 3,000 soldiers, firefighters and other rescuers were trying to reach residents, who were in many cases trapped without basic supplies such as running water or electricity.
Civil defense officials said at least 105 people were missing in the latest of a string of catastrophic weather events to hit the South American giant.
“It looks like a scene out of a war, and after it is over it will require a post-war approach,” Rio Grande do Sul governor Eduardo Leite said, flanked by President Luiz Inacio Lula da Silva and several government ministers.
FASTFACT
The Guaiba River, which flows through the city of 1.4 million people, reached a record high level of 5.09 meters, according to the local municipality, well above the historic peak of 4.76 meters that had stood as a record since devastating 1941 floods.
Lula promised the government would provide all necessary resources for reconstruction.
Besides Porto Alegre, another 341 towns and villages have been hit by the flooding.
Soldiers are setting up field hospitals after hundreds of patients had to be evacuated from regular hospitals, while civilians have also formed volunteer groups to gather basic supplies, including life jackets, water and fuel.
“Everyone helps in their own way, as they can,” said Luis Eduardo da Silva, a 32-year-old volunteer.
The Guaiba River, which flows through the city of 1.4 million people, reached a record high level of 5.3 meters (17.4 feet), according to the local municipality, well above the historic peak of 4.76 meters that had stood as a record since devastating 1941 floods.
“Rio Grande do Sul has always been a meeting point between tropical and polar air masses,” climatologist Francisco Elizeu Aquino told AFP.
“But these interactions intensified with climate change” to create “a disastrous cocktail that makes the atmosphere more unstable and encourages storms.”
Rosana Custodio, a 37-year-old nurse, fled her flooded Porto Alegre home with her husband and three children.
“During the night on Thursday the waters began to rise very quickly,” she told AFP via a WhatsApp message.
“In a hurry, we went out to look for a safer place. But we couldn’t walk... My husband put our two little ones in a kayak and rowed with bamboo. My son and I swam to the end of the street,” she said.
Her family was safe, but “we’ve lost everything we had.”
Authorities scrambled to evacuate swamped neighborhoods as rescue workers used four-wheel-drive vehicles — and even jet skis — to maneuver through waist-deep water in search of the stranded.
Governor Leite said his state, normally one of Brazil’s most prosperous, would need heavy investment to rebuild.
Long lines formed as people tried to board buses, although bus services to and from the city center were canceled.
The Porto Alegre international airport suspended all flights on Friday for an undetermined period, with its runways underwater.
Lula posted a video of a helicopter depositing a soldier atop a house, who then used a brick to pound a hole in the roof and rescue a baby wrapped in a blanket.
The speed of the rising waters unnerved many.
“It’s terrifying because we saw the water rise in an absurd way, it rose at a very high speed,” said Greta Bittencourt, a 32-year-old professional poker player.
Leite said this was the worst natural disaster in the history of Rio Grande do Sul, which is home to agroindustrial production of soy, rice, wheat and corn.
Lula, who visited the state twice in a matter of days, has blamed the disaster on climate change.
South America’s largest country has recently experienced a string of extreme weather events, including a cyclone in September that killed at least 31 people.
