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Trump filed the suit in a state court in Palm Beach, Fla., last month, but James moved the case to the nearby federal court where Middlebrooks sits.
After an investigation that lasted more than three years, James filed a lawsuit in September against the Trump Organization, arguing that the business engaged in repeated fraud in real estate, tax and insurance transactions.
Under New York law, businesses involved in repeated illegal behavior can face a range of penalties that can make it nearly impossible for those companies to do business in the state. Last month, a state judge in Manhattan agreed with James’ request for a court-appointed monitor to oversee Trump’s businesses while the case is pending. Trump is appealing the decision.
Middlebrooks, an appointee of President Bill Clinton, said the Florida suit lacked merit for a variety of reasons, including that James was not located in Florida. He also noted that a previous lawsuit Trump filed in federal court in New York to try to shut down the James probe was thrown out.
Middlebrooks’ prospect of imposing sanctions on Trump or his lawyers for claiming litigation the judge deemed frivolous is a real one. Just last month, Middlebrooks ordered four lawyers to pay a total of $66,000 for their involvement in filing an earlier Trump suit against former Democratic presidential candidate Hillary Clinton, former FBI Director James Comey and others alleging a conspiracy to falsely tie Trump to Russia in the 2016. presidential campaign.
These are political grievances masquerading as legal claims, Middlebrooks wrote then. This cannot be attributed to incompetent lawyering. This is a deliberate use of the judicial system to pursue a political agenda.
Trump’s lawyers are appealing those penalties and Middlebrooks’ decision to dismiss the related case in 2016.
There were indications of disagreement among the Trumps’ team over whether to file a lawsuit against Middlebrooks that was ruled on Wednesday. A Florida-based attorney deeply involved in James’ New York case and other Trump legal matters, Christopher Kise, stressed last month that he was not behind the Florida suit seeking to preserve secrecy of the Trumps’ trust there.
I don’t represent the Florida trust, Kise said. I didn’t file it, obviously.
Alan Garten, a longtime top lawyer for the Trump Organization, opposed suing James in Florida, The New York Times reported last month.
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