In a letter to the president-elect’s attorney on Tuesday, a lawyer for New York Attorney General Letitia James stated that Donald Trump’s $454 million civil fraud judgment is unaffected by his upcoming inauguration as the next president.
Trump and his adult sons owe around $490 million, plus interest, in their civil fraud lawsuit after a court decided last year that they regularly exaggerated Trump’s net worth to gain better loan conditions during a decade of business operations. Trump has appealed the decision.
Because presidents are not immune to civil action, James intends to defend her verdict against Trump during his appeal, according to the letter.
“The ordinary burdens of civil litigation do not impede the President’s official duties in a way that violates the U.S. Constitution,” New York Deputy Solicitor General Judith Vale said in a letter to D. John Sauer, Trump’s appellate lawyer and solicitor general candidate.
Last month, Sauer asked James to abandon her lawsuit complaint against Trump in order to “cure” political divisions and enhance “the health of our Republic.”
“In the aftermath of his historic election win, President Trump has called for a stop to our nation’s political fighting and for the opposing sides to work together for the better benefit of the country. This appeal for unity extends to the judicial assault on him and his family that has persisted throughout the most recent election cycle,” Sauer said, referencing the recent dismissal of Trump’s federal election meddling and classified materials lawsuits.
Vale denied the motion, writing in her letter that there is “no merit to your claim that the pendency of defendants’ own appeal will impede Mr. Trump’s official duties as president.”
Because the New York attorney general’s complaint is civil, James has no restrictions on continuing to prosecute her case while Trump returns to the White House.
“Accordingly, the various actions taken by the Special Counsel’s office or the District Attorney’s Office of New York County in the respective criminal cases brought by those offices against Mr. Trump are irrelevant here,” Vale’s letter said.
A decision on Trump’s appeal of the judgment might come at any moment.