Gov. Hochul has been accused of using her powers more than a state judge to implicitly threaten the president as New York’s Appeals Committee decided to file a second year complaint against Donald Trump’s $480 million fraud penalty petition.
White House sources argue that Hochul discussed policy issues such as the Manhattan crowds tax at a meeting in the elliptical office saying that “I will control the judge.”
Hochul emphasizes that he will issue a statement.
However, the president said he recognized the conversation as an implicit threat relating to his appeal against civil fraud by New York Supreme Court Judge Arthur Ngoron in February 2024.
According to a law source familiar with the debate in the oval office, the governor said he opposed the $9 crowds tax she imposed on New Yorkers, pleaded for abandoning the gas pipeline he liked and federal funding for wind projects and upgrades to Penn Station.
Hochul says, “We’re maintaining it [appeal] It’s hanging above his head,” the source said.
“The government never said this.”
Governor’s spokesman Avi Small says someone may be wrong or lying – it’s not Hochur.
“Governor Hochul has never told President Trump or anyone else this or similar,” Small argued. “The governor respects judicial independence, has never tried to interfere in an ongoing case and has no role to play in the judicial process.
“Someone must have completely misunderstood the governor during this conversation, or they must have intentionally been lying to advance the political agenda.”
A senior Trump administration official said: “Of course, she would refuse to try and force the President of the United States.
Meanwhile, Cabinet members attending the one-hour oval office meeting were not inconsistent with the president’s recollection of his conversation with Hochur, but were unable to provide details of what he was told when contacted through the post.
Another cabinet source who did not attend the meeting said that Hochur had tried to break in with Trump and himself by offering to change the name of the Moynihan train hall after him.
In response, Small told the Post that the governor deemed the late Senator Daniel Patrick Moynihan as a “leader,” and that “under no circumstances would she ever suggest that she change the name of the Moynihan train.”
However, he added: “The governor made a light-hearted joke about how President Trump would be interested in donating federal funds to renovate Penn Station.”
“Drag your heel”
Legal experts say the extraordinary 14-month delay in deciding on Trump’s appeal is almost three times longer than the average wait for Part 1, New York’s appeals unit.
“In a regular course, the first departmental appeal is determined approximately five to six months from the date the appellant filed the opening summary and records,” says Bill White of Counsel Press LLC, Appellate Counsel.
Trump’s lawyer filed his appeal on February 26th last year, and the court held an oral discussion hearing in September.
“It’s clear they’re dragging on their heels,” says Joe Takopina, the legendary trial lawyer who acted for Trump in other cases.
He calls the 14-month delay “a different “special treatment” for Trump as sane.”
He said: “After an oral discussion or submission, the court will usually issue a decision within a few months, but it may take some time depending on the complexity of the case and court docket.”
Part 1, a spokesman for the Appellate Division’s Clerk, said “We will not discuss pending issues before the court.”
As governor since 2021, Hochul has the power to appoint judges in various courts. New York’s unique judicial choice system gives her an extraordinary level of control not enjoyed by many other governors, especially in the Senate, where there is no need for confirmation from the Senate, giving her a more direct influence.
Hochul did not appoint any of the five first division judges deciding on Trump’s appeal: Dianne Renwick, David Friedman, Peter Moulton, John Higgitt and Llinét Rosado.
However, Hochul promoted Renwick to preside in 2023, with other judges relying on Hochul to reappoint them every five years.
AG’s provocation
New York Attorney General Leticia James currently exceeds $480 million on the $112,000 interest that has been suing Trump, his company and his son, and has now reached his penalty on social media.
Trump’s lawyers were optimistic after his appeal was heard on September 26, 2024.
Judge Friedman questioned whether AG’s office had previously used the same law to “disrupt private business transactions,” and said Trump’s deals were “some of the most sophisticated actors in the business.”
He pointed out that no one had “lost the money.”
Judge Moulton said “The immeasurable punishment in this case is troubling,” and “the parties have made these transactions happy.”
He also questioned the AG’s “mission creep” and wondered whether the law “transformed into something that wasn’t intended.”
Judge Higgitt was concerned that the AG might be “in an area where she does not have jurisdiction.”
However, for seven months since they made those promising comments, there was radio silence from the judge.
Weaponized Justice
If Trump wins, he will still be out of his pocket due to the costs he incurred to secure the bonds needed to file an appeal. In March, the Court of Appeals reduced the required bonds from $464 million (full interest at the time) to $175 million. The only way to recover his costs, which is likely to be millions of dollars, is to sues the state of New York.
Trump’s lawyers accused James of weaponizing New York’s judicial system to target political enemies, and said Judge Ngoron had expressed “specific and overwhelming” bias during the trial.
James campaigned in 2018, citing his position as Attorney General who defeated Trump.
In return, Trump called her a “racist prosecutor” who directed “witch hunts” against him.
A few weeks after its inception, the president stripped James from security clearance, accessing confidential information and banning him from entering federal facilities such as the courts, the office of U.S. lawyers and the FBI field office.
Ironically, this week James was featured in criminal charges by a federal housing finance agency on allegations of committing mortgage fraud by forging records to receive favorable loan terms on her property in Virginia and New York.
Live with the sword and die with the sword.
