So, Trump thinks he should have won his fraud case on summary judgment. He didn’t. He is mad that he didn’t. Because he didn’t, he has lobbed out some pretty racist attacks on the judge, saying he is disqualified because of his Mexican heritage, because he didn’t decide the motions in Trump’s favor. (More from me on that later). Others disagree.
I thought about a long, annotated note on the matter. So I looked up the briefs. After reviewing them, I think I should just share them with you in full.
Here is the Motion for Summary Judgment, which Trump’s Lawyers filed.
Motion for Summary Judgment – Cohen v. Donald J. Trump
The most interesting thing I found is that to prove Donald Trump’s role in the operation of the Trump Organization, he cites to PRESIDENT OBAMA’S presidential financial statement to prove Donald Trump’s credentials. If you want to see where he cites his credentials, see this Statement of Facts, where he cites to Exhibit 11. To see Exhibit 11, which is the president’s Financial Disclosure statement, Exhibit 11 document – Donald Trump Motion for Summary Judgment Exhibits.
In case you’re wondering, yes, I’m a lawyer, and yes, that education makes this no less bizarre.
Here is the Opposition to the Motion for Summary Judgment, which the class action lawyers filed.
Opposition to Defendant’s Motion for Summary Judgment – Cohen v. Donald J. Trump
My favorite part is the opening paragraphs to the Opposition to the Motion for Summary. They’re great:
Donald Trump is too busy to be honest. So says Trump himself, who explains that he reviewed his own promises about his Trump University (“TU”) only “very quickly.” And therefore, he deserves summary judgment. Because he was too busy. To be honest. In addition, Trump explains that he was incapable of being honest because he “is not a lawyer.” And therefore, he deserves summary judgment. Because he was incapable of being honest. Due to not being a lawyer. Due to his integrity infirmities, Trump explains that he resorted to “marketing BS” to induce students to enroll in his Trump University. And therefore, he deserves summary judgment. Because he resorted to “marketing BS.” To induce students to enroll in his illegal “Trump University.”
Trump denies operating and managing the “fraudulent marketing scheme” alleged here because he only starred in the marketing materials; signed the marketing materials; corrected the marketing materials; and approved the marketing materials. And therefore, he deserves summary judgment. Because he did not operate and manage the Trump University “fraudulent marketing scheme.” He only starred in the marketing materials. Signed them. Corrected them. And approved them.
Trump wrote his motion for summary judgment for a District Court in Bizarro World. In this District Court, however, it is wholly without merit. Plaintiff respectfully requests that the Court deny Trump’s motion and set this case for trial as quickly as possible. On earth. In the Southern District of California.
II. PLAINTIFF DISPUTES TRUMP’S STATEMENT OF UNDISPUTED FACTS
[Caleb Jones’s Note: This heading alone should keep Trump from obtaining Summary Judgment]
Trump’s purported Statement of Undisputed Facts (Dkt. 180-10), is a mess. The evidence he cites bears little or no resemblance to what are typically not even facts, but rather vague and compound arguments, and these arguments are either very much in dispute or irrelevant to his motion for summary judgment. For example, Trump embraces as his own President Barack Obama’s Public Financial Disclosure Report, and he attempts to support his purported facts with it. Dkt. 180-4 at 122-31 (Exhibit 11). This is just one example of Trump’s statement’s complete lack of credibility and reliability. This is not to say there are no relevant undisputed facts here. There are plenty. As set forth below, they all weigh in favor of Trump’s liability.