AG Letitia James's lawsuit against Donald Trump relies on a New York law, which allows the state's top prosecutor to stop any business from engaging in “repeated fraudulent or illegal acts' and cancel its official business certificate.
show that legislators sharpened the tool by allowing prosecutors to seek damages.
But legal scholars noted that the current attorney general’s case is still breaking new ground; James is using the law in a way it hasn’t exactly been employed before. “It’s something of a stretch. I think the law was primarily intended to go after consumer fraud. When I was there, we certainly focused primarily on consumer fraud…. people who got [swindled] in the mail or were induced to buy things they didn’t need. We really didn’t look at it as a business fraud law,” Koppell said.
In an order that seemed to poke at Trump’s tendency to stretch the bounds of reality, Engoron wrote that “Executive Law § 63 broadly empowers the Attorney General of the State of New York to seek to remedy the deleterious effects,, on truth and fairness in commercial marketplaces and the business community.”
“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table,” they said, quoting the American poet Carl Sandburg.
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