Another reason things didn’t go well for Trump this morning:
The Trump financial statements (FS) "worthless clause" defense:
1. does not permit intentional fraud;
2. every contract has an obligation of good faith, which the clause cannot negate;
3. if the statements were rendered "worthless," then the only purpose of the FS was to misleadHe really has no idea what he’s up against. Nor will he let his lawyers tell him (assuming they’ve tried).
BREAKING: AG GETS TRUMP TO AGREE THAT THE FINANCIAL STATEMENTS AND TRUMP'S PERSONAL GUARANTY WERE TO INDUCE BANKS TO LEND MONEY. KEY FACT FOR THIS FRAUD CASE.Where it happened:
NY AG lawyer: This says "in order to induce lending" - you see that?
Trump: Yes.
NY AG lawyer: Little Roman i, it says as of June 30, 2011 - do you believe it was true and accurate?
Trump: Yeah, I do.He has no clue. And to be more clear, Professor Weissman again:
“If you look at the substance of what happened today, there are two things that the state has to prove on the remaining causes of action," Weissmann explained. "There's a cause of action that was found already. But on the 2 through 7 [charges], those are the remaining causes of action, the state has to prove intent, and they have to prove [materiality]. Intent means you have to show that Donald Trump intended or that the Trump Organization intended, or Don Jr. intended, for these to be false. It can't just be a mistake. That wasn't required for the first cause of action. And then reliance and materiality are aspects of the nature of what is being misrepresented. So, from something being material, it just means this is something that a bank would rely on. Or is it frivolous? Is it my favorite color is blue when it's green? Who cares?"
That's where Trump hurt himself in court on Monday, Weissmann said.
"So, on materiality, the state asked those financial statements that you submitted to the banks, your personal guarantee, they were there to be relied on by the banks in order to give you a loan. And Donald Trump said that's right. That is a huge ball of wax that is gone from the case. That's a major part of the defense, he conceded," he closed.The defense announced today they will start their case Monday, and expect to be through by December 15.
Somewhere a jury that was never chosen is breathing a sigh of relief.
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