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Trump dodged the penalty, but the precedent could destroy you
The news out of New York this week should outrage anyone who believes in the rule of law. The state’s appellate court tossed out the obscene half-billion-dollar penalty imposed on Donald Trump by state Attorney General Letitia James, yet it still clung to the claim that he committed “fraud” by overstating his real estate portfolio.
From the beginning, this case was political lawfare disguised as “justice.” It criminalized the very elasticity of property valuation that defines high-stakes real estate.
If America tolerates this ruling, the day will come when the crime isn’t fraud at all — it’s being the wrong person with the wrong politics at the wrong time.
Anyone who has bought or sold a home knows “value” isn’t some sacred number. A property is worth only what someone will pay, and until that moment, its worth floats in a haze of market analysis, comparable sales, zoning quirks, and fickle buyer demand. That’s why developers hire licensed professionals — because even they can’t pin down “true” value in advance.
Trump, like every major builder, relied on staff and advisers to draft annual financial statements for lenders and insurers. James labeled his optimistic estimates “fraud.” That leap should terrify every business owner.
New York’s civil fraud statute doesn’t require proof of harm. No bank cried foul. Deutsche Bank and other institutions profited, collecting interest and repayment in full. As even Reuters admitted, sophisticated lenders conducted their own underwriting and discounted Trump’s numbers before loaning a dime. Yet James waved off reality, claiming the real harm was to the “system” — a conveniently nebulous principle that gave her license to weaponize her office against her state’s most famous political enemy.
The trial spotlighted Trump Tower’s penthouse, once valued as if it were three times its actual size, and Mar-a-Lago, valued as if it could be sold tomorrow as a private estate despite deed restrictions that limit it to club use. But what the press rarely notes: Every statement carried disclaimers telling banks to do their own due diligence. That’s not fraud; that’s called salesmanship. What made it criminal, apparently, was Trump’s name.
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Photo by Spencer Platt/Getty Images
The trial court swallowed James’ theory whole, slapping Trump with a penalty that swelled past $500 million with interest. The appellate court rightly found the punishment excessive under the Eighth Amendment. Punishing a man for hundreds of millions when no bank lost a penny was not justice — it was confiscation. Even then, the majority kept the fraud finding alive, while dissenting judges argued liability was never proven, and one urged outright dismissal.
Trump may have dodged financial annihilation, but James’ poison seed remains. If prosecutors can retroactively decide your numbers looked “too rosy,” then every loan application in America becomes a potential indictment. This case was never about protecting banks. It was about showing that the state can destroy anyone it chooses, facts and damages be damned.
And here’s the warning every American should feel in their gut: If the state can do this to a billionaire with armies of lawyers and accountants, imagine what it can do to you. One overly confident estimate on your house, one set of books a bureaucrat decides to “reinterpret,” and suddenly you’re a fraud. Your life’s work? Gone in the name of “justice.”
That isn’t the rule of law. It’s tyranny weaponized through balance sheets. If America tolerates this, the day will come when the crime isn’t fraud at all — it’s being the wrong person with the wrong politics at the wrong time.
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Jack Smith tried to take Trump off the board. Now he's set for a reckoning.
Just three days after President Donald Trump announced his 2024 presidential campaign, Biden Attorney General Merrick Garland unlawfully appointed prosecutor Jack Smith as special counsel to oversee two criminal investigations into the Republican candidate.
One of the Justice Department's investigations concerned Trump's alleged mishandling of classified documents; the other pertained to the imagined efforts by Trump to subvert the 2020 election.
While it was immediately clear to Trump that Smith was "a political hit man who is totally compromised," Garland's special counsel soon gave critics cause to suspect the president's instincts were right once again.
Missouri Attorney General Andrew Bailey told Blaze Media co-founder and nationally syndicated radio host Glenn Beck last year that the Biden DOJ's "witch hunt prosecution" of Trump was "not designed to obtain a legally valid conviction. It's designed to take anyone running against Joe Biden — in other words, president Donald Trump — off the campaign trail."
Although Trump was ultimately slapped with scores of charges, neither case went anywhere. The classified documents case was torpedoed in July 2024 because of Smiths' unlawful appointment, and the Jan. 6 case was scuttled in November following Trump's re-election.
Trump is no longer in hot water; however, Smith appears poised to take a plunge.
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Photo by Drew Angerer/Getty Images
The U.S. Office of Special Counsel confirmed to Reuters on Saturday that it has launched an investigation into whether Smith violated the Hatch Act — a federal law that prohibits government employees both from using their "official authority or influence for the purpose of interfering with or affecting the result of an election" or from engaging in partisan political activity while on official duty time.
The investigation by the independent federal prosecutorial agency follows a request by Arkansas Senator Tom Cotton (R), who has accused Smith of interfering in the 2024 presidential election.
'President Trump's astounding victory doesn't excuse Smith of responsibility for his unlawful election interference.'
"Jack Smith's legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn't just unethical, it is very likely illegal campaign activity from a public office," Cotton wrote.
In a July 30 letter to Jamieson Greer, acting special counsel at the OSC, Cotton highlighted a number of instances where Smith expedited trial proceedings and released provocative information allegedly "with no legitimate purpose."
Cotton noted, for example, that Smith tried to rush Trump's election subversion case, demanding a trial start date of Jan. 2, 2024 — just four months and three weeks after Smith filed the indictment against the president.
"Notably," Cotton wrote, "jury selection was to begin just two weeks before the Iowa caucuses."
Photo by Chip Somodevilla/Getty Images
In another example, Cotton said that Smith filed a brief on Trump's immunity from prosecution that was 165 pages long — exceeding the normal maximum page limit by four times — and "incorporated grand jury testimony typically kept secret at this point in other proceedings."
"This action appears to be a deliberate and underhanded effort to disclose unsubstantiated and extensive allegations timed to maximize electoral impact," Cotton wrote.
"These actions were not standard, necessary, or justified — unless Smith's real purpose was to influence the election," wrote the senator. "President Trump of course vanquished Joe Biden, Jack Smith, every Democrat who weaponized the law against him, but President Trump's astounding victory doesn't excuse Smith of responsibility for his unlawful election interference."
The OSC could reportedly refer its findings to the DOJ; however, the Justice Department is already reviewing "politicized" actions taken by Smith, Manhattan District Attorney Alvin Bragg, and New York Attorney General Letitia James through its Weaponization Working Group.
Blaze News has reached out to the White House for comment. Politico indicated that Smith did not immediately respond to its request for comment.
Smith's office altogether blew over $47 million in taxpayer dollars on the two failed probes. He noted in his investigative report on Trump, "While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters."
Smith resigned 10 days before the president's inauguration.
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