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The AG claims Team Trump exaggerated the value of real estate to secure favorable loans and insurance rates. That’s it. Lenders rely upon their own appraisals. Sophisticated businesses decided to loan him money, all of which he repaid. And the banks are not complaining. This is the Trump defense. Yet, so far, James is winning. //
The AG disregards that there is no victim such as a wronged investor or lender who wound up holding the bag on an undervalued piece of real estate. The state contends that none of this matters; that exaggerating, fibbing, or lying is wrong, and that the Trumps must be destroyed. Apparently, no expenditure of tax dollars is too much for the state to invest to punish these wrongs. The relief sought is the revocation of business licenses throughout the state of New York and fines as high as $250 million. Because it is unusual for a prosecutor to bring a civil case without a victim or cognizable harm, the AG’s motivations have been questioned, especially during her unprecedented daily press conferences. //
Each of these Trump cases brings an odd claim, one that has never been brought against others in the past, or a charge that is not being pursued today against others who have mishandled documents or challenged elections, for instance. //
If the court of appeals reverses Judge Engoron’s decisions, the irreparable harm to the Trump family will have already been done, though. And, for many, that is the goal. //
Much of the damage will have already occurred regardless of future vindication. These are the hallmarks of lawfare. If your goal is to harm your opposition or enemy, a trial win is welcome, but a trial loss also inflicts noticeable pain and offers plenty of consolation.
As a lawfare plaintiff, you win some and lose some — but you can make all of them hurt.