Unfortunately, probably not. Under NY law, actions taken by a “de facto officer” (someone who performs duties of an office w/ authority, even if later found ineligible) are generally considered valid, so as to protect public reliance on official acts. To invalidate a specific case, they’d have to show her lack of residency undermined the case at hand (difficult, not impossible). The more important thing is that, in Trump’s case, no state court could in good faith uphold a verdict prosecuted by a woman who’d committed the crime she was alleging, only 10x worse. Thanks for reading Neil!
Thanks for laying all that out. Poor Leticia. I'm sure she agrees that no one is above the law. She was elected on the promise to get Trump. I recall her sitting in the courtroom waiting for the judge to impose sentence. She was blatantly gloating. Would love to see them reverse roles when she is convicted and he is sitting in the courtroom gloating. What goes around come around.
Exactly—I’m not typically one for revenge, but when the subject has actually committed the crime, there’s little reason to look the other way. Thanks for reading, Fred!
If the public latches onto this and it gathers steam—there is definitely a good chance. But as you say, I’m not overly optimistic, as these things fizzle relatively quickly.
Yep. And the troubling thing is that it seems elected officials are, more often than not, guilty of similar behavior. The more we know the worse it gets. Thanks for reading Jack—love your content!
Damn. I might need to write a sequel to my BLM politicians run-down (or 5). There are SO many instances of leftist, pro-BLM politicians displaying flagrant nepotism or corruption or incompetence. My personal favorite is the PA judge who shot her husband (was not charged)... and just (allegedly) shot and killed her boyfriend. Was there alleged fraud and theft and chronic absenteeism? Yes, there was. Now there's a murder investigation.
When you make an agenda or an ideology the metric by which to evaluate people, you grease the skids for psychopaths and narcissists to gain power. It's easy to parrot an agenda. It's hard to pretend to be competent and virtuous. Choose competence and virtue folks.
Exactly right—it’s disturbing how quickly the cracks have started to show now that even a little pressure has been applied. These people are not only corrupt criminals—they’re using taxpayers’ money to fund their practices as well as the ensuing cover up. As you say—virtue is hard to fake, and fake virtue is easy to uncover. Thanks for reading James!
I'd guess (I'm not a lawyer, as will be obvious) that the typical defense would be that she, basically, lied because she was stupid or misunderstood - correct? Which would be, ahem, difficult 1) being Attorney General for NY, and 2) doing this several times over, each in a novel way.
Does she have any obvious defense strategy here? What would you do as her lawyer?
Hey Red Barchetta—you’re precisely right. Basically, the average ‘layman’ would claim it was a genuine mistake (misunderstanding of terms, etc.) but they’d have a hard time explaining why they repeatedly made the same mistake in SO MANY disparate instances over the years. In this case, given that she’s an elected legal official (the highest one in the state)? No chance she could make this argument. The only thing she could do is to either claim 1) the documents were forged (1/10 chance of success) or 2) her attorney/real estate agent/father, etc. ALL acted without her knowledge (1.5/10). She’d be unwise to do this (unless she bribed them) bc they would presumably testify against her, thus ruining her credibility and raising the possibility of defamation charges against her. The third option is to say “I’m just an idiot”, risking removal from office and the nullification of any cases she prosecuted. Basically, she’s screwed. Thanks for reading!
Great question—the case would most likely be tried in federal court, in the Eastern District of VA, as the alleged fraud and mortgage transaction occurred there, also the property’s location in Virginia strongly anchors the offense to that district. That’s a good thing, bc the judges there are going to be much more moderate than their New York counterparts! Thanks for reading :)
If she was a resident of VA, and therefore not eligible to be Atty Gen'l in NY, does that mean any cased tried under her tenure are now invalid?
Unfortunately, probably not. Under NY law, actions taken by a “de facto officer” (someone who performs duties of an office w/ authority, even if later found ineligible) are generally considered valid, so as to protect public reliance on official acts. To invalidate a specific case, they’d have to show her lack of residency undermined the case at hand (difficult, not impossible). The more important thing is that, in Trump’s case, no state court could in good faith uphold a verdict prosecuted by a woman who’d committed the crime she was alleging, only 10x worse. Thanks for reading Neil!
She committed mortgage fraud.
100%
Thanks for laying all that out. Poor Leticia. I'm sure she agrees that no one is above the law. She was elected on the promise to get Trump. I recall her sitting in the courtroom waiting for the judge to impose sentence. She was blatantly gloating. Would love to see them reverse roles when she is convicted and he is sitting in the courtroom gloating. What goes around come around.
Exactly—I’m not typically one for revenge, but when the subject has actually committed the crime, there’s little reason to look the other way. Thanks for reading, Fred!
Super juicy article and as a bonus, clear and concise! Really enjoyed it. Thanks TWT. Another victory!👍🏼
Excellent piece. I’m forwarding it to all my lawyer buddies who will enjoy it as much as I.
Nemesis is going to be working her ass to the bone over the next several years.
Thank you Eric! Much appreciated :) Let us know what they think!
Wilco!
Outstanding post 👍. With any luck, Tish will be prosecuted, financially impoverished and incarcerated. I’m hopeful, but not optimistic…..🤷♂️🤷♂️
If the public latches onto this and it gathers steam—there is definitely a good chance. But as you say, I’m not overly optimistic, as these things fizzle relatively quickly.
This is related to what they called "the headshot" on The Wire many years ago. She must have thought that she'd always be protected.
Yep. And the troubling thing is that it seems elected officials are, more often than not, guilty of similar behavior. The more we know the worse it gets. Thanks for reading Jack—love your content!
Damn. I might need to write a sequel to my BLM politicians run-down (or 5). There are SO many instances of leftist, pro-BLM politicians displaying flagrant nepotism or corruption or incompetence. My personal favorite is the PA judge who shot her husband (was not charged)... and just (allegedly) shot and killed her boyfriend. Was there alleged fraud and theft and chronic absenteeism? Yes, there was. Now there's a murder investigation.
When you make an agenda or an ideology the metric by which to evaluate people, you grease the skids for psychopaths and narcissists to gain power. It's easy to parrot an agenda. It's hard to pretend to be competent and virtuous. Choose competence and virtue folks.
https://jmpolemic.substack.com/p/bad-lazy-mayors
Exactly right—it’s disturbing how quickly the cracks have started to show now that even a little pressure has been applied. These people are not only corrupt criminals—they’re using taxpayers’ money to fund their practices as well as the ensuing cover up. As you say—virtue is hard to fake, and fake virtue is easy to uncover. Thanks for reading James!
Wow, this one tipped the scale in the cra-cra category!
https://lawandcrime.com/crime/judge-cleared-in-husbands-groin-shooting-wasnt-so-lucky-after-blinding-sleeping-boyfriend-with-overnight-head-shot/
Haha!! What is wrong with these people? 😂
I'd guess (I'm not a lawyer, as will be obvious) that the typical defense would be that she, basically, lied because she was stupid or misunderstood - correct? Which would be, ahem, difficult 1) being Attorney General for NY, and 2) doing this several times over, each in a novel way.
Does she have any obvious defense strategy here? What would you do as her lawyer?
Hey Red Barchetta—you’re precisely right. Basically, the average ‘layman’ would claim it was a genuine mistake (misunderstanding of terms, etc.) but they’d have a hard time explaining why they repeatedly made the same mistake in SO MANY disparate instances over the years. In this case, given that she’s an elected legal official (the highest one in the state)? No chance she could make this argument. The only thing she could do is to either claim 1) the documents were forged (1/10 chance of success) or 2) her attorney/real estate agent/father, etc. ALL acted without her knowledge (1.5/10). She’d be unwise to do this (unless she bribed them) bc they would presumably testify against her, thus ruining her credibility and raising the possibility of defamation charges against her. The third option is to say “I’m just an idiot”, risking removal from office and the nullification of any cases she prosecuted. Basically, she’s screwed. Thanks for reading!
Glad to hear she's screwed! Thanks.
Any time!
Would her case be tried in NY? She’ll never be convicted by a NY judge or jury.
Great question—the case would most likely be tried in federal court, in the Eastern District of VA, as the alleged fraud and mortgage transaction occurred there, also the property’s location in Virginia strongly anchors the offense to that district. That’s a good thing, bc the judges there are going to be much more moderate than their New York counterparts! Thanks for reading :)