I’m not an attorney, so don’t take my comments as legal advice. Likely, a competent attorney, if Trump has one, would make a much more compelling case for Trump’s position, than I can.
Here are seven points related to the apparent political prosecution of Trump in the New York property valuation trial:
- Presumption of innocence - Property valuations are subjective and subject to change. Even a property valuation on the same date, by the same appraiser, can vary by appraisal type and one of three common valuation methods. Normally, a bank orders the appraisal from a licensed appraiser as part of their decision making process.
- Equal justice under the law - Political prosecution? Was Trump singled out or was there a major “Crackdown” on commercial borrowers, regardless of their political affiliation?
- Was a party harmed by the valuation statement? If so, did the harmed party know or should have known the valuation was unreasonable? Is it ever reasonable for a bank to rely on borrowers valuation statements either because borrower lack of professional(State licensed) expertise or conflict of interest?
- The lawsuit against Trump is in contravention of long established business practices. Possible long established tradition versus recently enacted rule change conflict.
- Likely violation of bank’s fiduciary duty of confidentiality owed to Trump, tainting validity of lawsuit. Any regulatory requirement for a bank to calculate and report possible stated and probable asset valuations could be easily considered regulatory overreach or even unconstitutional by a higher court.
- Bank officers often “Encourage” borrowers to inflate assets to increase their chance of procuring business. Further, banks verify information by the borrower (Processing) and make a decision whether to make the loan (Underwriting), making the bank effectively a party in determining property valuation.
- One of the meta issues Leftist miss when engaging in political prosecutions is the adverse effect on the business environment. In the example above, borrowers may feel they are locked out of a market they may have otherwise qualified for, reducing profit potential for lenders. This in turn may cause related businesses to reduce expansion plans, limited local economic potential. We saw this effect during the Obama Administration are a nationwide scale where businesses, even though incentivized, were reluctant to expand over fears related regulatory and enforcement uncertainty. Just as the Republicans screwed themselves messing with the status quo with Roe versus Wade, Democrats risk screwing all of us by creating an unnecessarily unfriendly business environment. As far as the idea of selectively enforcing rules for politically aligned businesses, guess what happens to prices when competition is reduced?