ACLJ Files Amicus Brief Defending President Trump From Political Retaliation

The ACLJ has filed a major amicus brief holding New York Attorney General Letitia James accountable for politically targeting former President Donald Trump. We just filed a brief in the New York appellate court, arguing that the civil action she brought against President Trump was an unconstitutional act of retaliation for his First Amendment activity, and accordingly, the judgment of more than $350 million should be reversed.

This case is the $350 million judgment against President Trump and his business for purportedly misvaluing his properties. The recent judgment against President Trump and the Trump Organization represents a grave miscarriage of justice and a dangerous precedent that should alarm all freedom-loving Americans. This verdict is not about upholding the law – it’s about weaponizing the legal system to punish political opponents and intimidate conservative voices. There are no victims claiming harm here. Banks and insurance companies involved in Trump’s business dealings have not alleged any losses. But the trial judge ruled that there did not need to be victims, damages, or even an intent to harm anyone under the so-called “fraud” statute.

Our amicus brief, filed with the local assistance of New York attorney Alexander Lonstein, focused on the First Amendment violation here. AG James has focused her office’s immense resources on investigating Trump and his businesses while ignoring potential wrongdoing by others. This selective enforcement of the law reeks of political bias. During her campaign for AG, James repeatedly vowed to target Trump, even before having access to any evidence. This clearly demonstrates her predetermined intent to use the power of her office for political purposes. By pursuing legal action against Trump based on his outspoken conservative views and policies, James is effectively attempting to criminalize protected political speech. This sets a chilling precedent for all Americans who dare to challenge the liberal establishment. The use of state power to harass and intimidate political opponents is a hallmark of authoritarian regimes, not a free republic. James’ actions represent a dangerous abuse of prosecutorial discretion. 

Recently, the Supreme Court held that another New York official violated the First Amendment when she targeted the speech of the NRA in a case where the ACLJ also filed an amicus brief. Our brief highlighted the same principles here: AG James promised to use her power to target President Trump. In a campaign video, she quite openly admitted: “I am running for Attorney General because I will never be afraid to challenge this illegitimate President when our fundamental rights are at stake.” This is brazen and transparent political targeting, the very kind the Supreme Court has said is a violation of the First Amendment.

Our brief summarized:

The Attorney General expressly ran for her office on a platform of prosecuting President Trump for his political speech and activity. She then did so, using the law in unprecedented ways to seek financial penalties and the dissolution of President Trump’s business, based on her disagreements with his political views. She has wielded her power in order to target a political opponent for his speech. This targeted act of retaliatory law enforcement is a violation of the First Amendment.

The ACLJ has long warned about the dangers of politically motivated prosecutions. The case against President Trump is a prime example of how the Left seeks to use the legal system as a weapon to silence conservative voices and consolidate power.

We must stand united against this assault on our constitutional rights. The American people deserve a justice system that is impartial and free from political influence. AG James’ actions are an affront to the rule of law and the principles of equal justice upon which our nation was founded. Our amicus brief calls for the New York appellate courts to recognize the First Amendment violation here and overturn the case.