Judges press New York AG as Trump appeals his $454M fraud judgment
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(NEW YORK) — Seven months after a trial judge fined Donald Trump $454 million for business frauds that the judge said “shock the conscience,” a New York appeals court appeared skeptical Thursday of some of the arguments underpinning the New York attorney general’s case against the former president.
A panel of five judges at New York’s Appellate Division, First Department heard Trump’s appeal and peppered both sides with concerns about the case — appearing to question some of the key elements of the state’s case, including the application of a consumer fraud statute, the justification for the financial penalty prosecutors sought, and the private nature of the transactions in question, mirroring well-worn defense arguments that failed during the case’s lengthy trial this year.
Trump himself did not attend Thursday’s hearing in New York.
“We have a situation where there were no victims, no complaints,” argued D. John Sauer, the same attorney who successfully argued Trump’s presidential immunity appeal to the Supreme Court earlier this year. “How is there a capacity or tendency to deceive when you have these clear disclaimers?”
While the judges expressed some skepticism about some of the defense’s claims — with one judge remarking that factual inaccuracies could have resulted in Trump’s statements being “completely fallacious” — some of the defense arguments were echoed in the judges’ questions.
“The defendants’ statements were not made for ordinary people,” noted Associate Justice David Friedman. “They were directed at some of the most sophisticated actors in business.”
Deputy Solicitor General Judith Vale, arguing for New York Attorney General Letitia James, emphasized the magnitude of Trump’s alleged misstatements and their importance to the banks that loaned the former president hundreds of millions of dollars.
“Deutsche Bank would not have given these loans without the financial strength being inflated,” Vale said. “The financial statements were coming in each year, and they were important, critical to the loans each year.”
A series of questions also focused on the New York fraud statute — Executive Law 63 (12) — that the attorney general used to bring her case. Trump’s lawyers have insisted the law should not apply to profitable transactions between financial institutions and the Trump Organization.
“How do we draw a line or put up some guardrails to know when the attorney general is operating within her broad sphere or 63(12) or going into an area where she doesn’t have jurisdiction?” asked Associate Justice John R. Higgitt.
Vale responded by arguing that Trump’s frauds impacted consumers by inserting false and misleading information into the marketplace, and that Trump’s fine has a deterrent effect.
“A big point of these statutes is for the attorney general to go in quickly to stop the fraud and illegality before the counterparties are harmed,” Vale said.
When pressed about the size of the penalty and whether it was “tethered” to the limited harm incurred by the banks that did business with Trump, Vale argued that the profitability of the transactions should not give Trump a free pass to use false information.
“It is not an excuse to say our fraud was really successful so we should get some of the money,” said Vale.
In an 11-week trial that concluded in February, New York Judge Arthur Engoron found that Trump, his eldest sons, and two top Trump Organization executives exaggerated Trump’s wealth to secure better terms from lenders, for which he fined the former president $454 million.
Trump, following the ruling, secured a $175 million bond while he appeals the judgment.
An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News
(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.
Dozens have been killed.
Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.
Here’s how the news is developing:
38 confirmed deaths in North Carolina, number expected to grow
There have been at least 38 deaths in North Carolina from Helene, Gov. Roy Cooper said in a briefing Wednesday afternoon, but he added he expects that number to grow.
Cooper spent Monday in western North Carolina and will be returning this afternoon, he said. First responders are continuing to rescue people and rush aid to the mountain communities.
More than 460,000 customers are without power down from a peak of more than a million, Cooper confirmed. There are more than 1,100 people being housed in 29 shelters and Cooper said he is still urging people to continue to stay off the roads.
“As heartbreaking as this damage has been, it’s encouraging to see the way people are working together,” Cooper said. “I talked with a number of first responders and medical workers and volunteers who have left their won families to take care of our communities.”
The National Guard currently have 800 guardsmen on duty with 275 vehicles. Almost 200,000 pounds of food and commodities were delivered out of the Asheville airport.
“I have committed to the governor that I will stay here until the event is stabilized and we will continue to bring in as many federal resources as needed, not just for the ongoing response, but as we move into recovery,” Federal Emergency Management Agency Administrator Deanne Criswell said.
-ABC News’ Alex Faul
Kamala Harris to travel to Georgia on Wednesday
Vice President and presidential nominee Kamala Harris will travel to Georgia on Wednesday to check out damage from Hurricane Helene, according to her office.
“Vice President Kamala Harris will travel to Georgia to survey the impacts of Hurricane Helene and receive an on-the-ground briefing about the continued recovery efforts that are occurring in communities across the state,” according to a statement.
The statement did not say exactly where Harris will visit. President Joe Biden is set to visit North Carolina and South Carolina on Wednesday as well.
Harris’ competitor in the presidential race, Donald Trump, visited Valdosta, Georgia, on Monday.
Helene’s death toll climbs to 139
At least 139 people have been killed by Hurricane Helene in Florida, Georgia, South Carolina, North Carolina, Tennessee and Virginia, The Associated Press reported Tuesday.
That includes at least 40 people in Buncombe County, North Carolina, which includes the city of Asheville, local officials said Monday.
Public health emergency declared in South Carolina, Tennessee
A public health emergency has been declared in South Carolina and Tennessee in the wake of Helene, according to the Department of Health and Human Services, following the same declarations in Florida, Georgia and North Carolina.
“We will do all we can to help officials in South Carolina and Tennessee respond to the health impacts of Hurricane Helene,” HHS Secretary Xavier Becerra said in a statement. “We are working closely with state and local health authorities, as well as with our partners across the federal government, and stand ready to provide additional public health and medical support.”
The Administration for Strategic Preparedness and Response deployed about 200 personnel to assist local officials with the storm’s impacts to hospitals, nursing homes and other health care facilities, according to HHS.
The government’s National Disaster Medical System has already deployed 29 trucks filled with equipment to help patients in health care facilities, many of which were totally knocked off the grid.
6,300 National Guardsmen mobilized for recovery efforts
There have been more than 6,300 members of the National Guard mobilized to “support ongoing disaster relief, rescue, and recovery efforts in the aftermath of Hurricane Helene,” according to Secretary of Defense Lloyd Austin.
There will be guardsmen from 12 different states moving into the South to help, especially in North Carolina.
“We continue to stand by the people and communities of North Carolina and all those affected,” Austin added.
Over the past few days, the Department of Defense has mobilized personnel and resources to support ongoing disaster relief, rescue, and recovery efforts in the aftermath of Hurricane Helene. I am grateful to the over 6,300 Guardsmen from over 12 states, U.S. Northern Command, the…
— Secretary of Defense Lloyd J. Austin III (@SecDef) October 1, 2024
FEMA has delivered 1 million liters of water and 600K meals to North Carolina
North Carolina Gov. Roy Cooper called the impact of Hurricane Helene on the state “absolutely catastrophic” in a statement Monday.
“This is an unprecedented response and an absolutely enormous coordinated effort by the state, federal and local partners,” Cooper said.
Cooper, who inspected the staging area at the Asheville airport Monday, said “Hundreds of thousands of pounds of supplies are being flown in, packed onto helicopters and flown into areas that can’t be reached by vehicles.”
The Federal Emergency Management Agency (FEMA) has delivered 1 million liters of water and 600,000 meals to people in North Carolina, Cooper said.
The governor added that there are 92 search and rescue teams working to help bring residents to safety.
Biden says he’ll travel to North Carolina on Wednesday
President Joe Biden told reporters from the Oval Office he will travel to North Carolina on Wednesday to survey the damage.
He said he plans to land in Raleigh for a briefing and then do an aerial tour of Asheville to avoid straining on-the-ground resources.
He said he will visit Georgia and Florida “as soon as possible after that.”
Asked by ABC News’ Karen Travers how Americans can help out, Biden recommended people reach out to the Red Cross — and gear up for a long recovery.
“There is a lot to do, and this is just beginning,” Biden said. “We’ve been through this before, but not — not like this. This is the worst ever.”
Harris to impacted communities: ‘Our nation is with you’
Vice President Kamala Harris called the storm damage throughout the Southeast the “worst destruction and devastation that we have seen in quite some time” during remarks from FEMA’s headquarters in Washington, D.C., Monday afternoon.
“In coordination with state and local officials, President Biden and I will continue to make sure that communities have the support and the resources that they need — not only to respond to this storm and its immediate aftermath, but also the resources they will need to recover,” Harris said.
Harris said more than 3,300 federal personnel are on the ground to assist with recovery efforts, including deploying food, water and generators as well as helping to restore water and power.
“To everyone who has been impacted by this storm, and to all of those of you who are rightly feeling overwhelmed by the destruction and the loss, our nation is with you,” she said. “We will continue to do everything we can to help you recover and to help you rebuild. No matter how long it takes.”
Harris said she has spoken to Georgia Gov. Brian Kemp and North Carolina Gov. Roy Cooper and plans to be “on the ground as soon as possible” without disrupting any emergency response operations.
Storm ‘unprecedented’ for western North Carolina
Helene is “an unprecedented storm” for western North Carolina, requiring an “unprecedented response,” North Carolina Gov. Roy Cooper said Monday.
“We’re dealing with a situation that is unlike anybody’s ever seen in western North Carolina,” he said.
The damage is “extensive and devastating” and is “going to require significant resources, both in the short-term and the long-term,” the governor said.
Ninety-two rescue teams are out conducting search and rescues right now, Cooper said.
More than 300 roads are closed and some bridges have been destroyed, officials said.
Over 7,000 North Carolina residents have registered for FEMA individual assistance and that money is already flowing in, according to Will Ray, director of North Carolina Emergency Management.
FEMA Administrator Deanne Criswell promised that the agency will “be here as long as it takes to finish this response and continue through the recovery.”
“We have the resources here in North Carolina to help,” Criswell said. “We will continue to send additional resources in.”
Full extent of damage still unclear: Homeland security adviser
Homeland security adviser Liz Sherwood Randall said the full extent of the damage from the hurricane is still unclear.
“It probably will take several more days, as communities begin to be opened up by the debris clearance on the roads, and we can get in, and really understand what’s happened to them,” she said.
Sherwood-Randall said about 600 people are unaccounted for.
“We’re very hopeful that some of those people just don’t have cellphones working and actually are alive,” she said.
Sherwood-Randall said 3,500 federal response personnel have been deployed to the region and additional personnel is expected to arrive in the coming days.
With communication remaining a major challenge, Sherwood-Randall said, “Today, FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”
She also highlighted that in states that have received major disaster declarations, FEMA is working to distribute serious needs assistance, which gives “an immediate $750 direct payment to eligible households, to allow them to pay for essential items like food, baby formula, water, medications and other emergency supplies.”
-ABC News’ Molly Nagle
Sen. Rick Scott calls for Senate to reconvene to pass emergency aid
Sen. Rick Scott, R-Fla., is calling upon the Senate to reconvene to approve an emergency aid package for victims of Hurricane Helene.
“While I know from my experience with previous hurricanes that FEMA and [Small Business Administration] damage assessments take time, I am today urging Majority Leader Chuck Schumer to immediately reconvene the U.S. Senate when those assessments are completed so that we can pass the clean supplemental disaster funding bill and other disaster relief legislation, like my Federal Disaster Tax Relief Act, needed to ensure the full recovery of families in all impacted communities,” Scott said in a statement Monday.
Any additional funding, beyond the funding approved by President Joe Biden and able to be drawn down from FEMA, would need to be approved by both chambers of Congress.
The Senate let out on Wednesday after approving a stopgap funding bill to keep the government funded through Dec. 20. The Senate is not scheduled to return until Nov. 12. The House is also out of session and would need to return to approve any aid.
-ABC News’ Allison Pecorin
How to help
Click here for a list of charities and organizations that are supporting relief efforts, including the Red Cross and Americares.
Trump visits hard-hit Valdosta, Georgia
Former President Donald Trump visited hard-hit Valdosta in southern Georgia on Monday to distribute supplies and “stand in complete solidarity with … all of those suffering in the terrible aftermath of Hurricane Helene.”
“Valdosta has been ravaged,” Trump said. “The town is, very, very badly hurting, and many thousands are without power. They’re running low on food and fuel. We brought a lot of it down with us.”
“We’ll continue to help until you’re bigger, better, stronger than ever before,” Trump said.
The former president held a “moment of silence and prayer” for those killed in the storm.
Twenty-five people in Georgia have died in the storm, Gov. Brian Kemp said.
Trump said he’ll also visit North Carolina as the state works to recover from Helene.
Biden plans to visit storm zone Wednesday or Thursday
President Joe Biden said Monday that Helene is “not just a catastrophic storm — it’s a historic, history-making storm.”
Biden said he will travel to the impact zone as soon as possible, ideally Wednesday or Thursday. He said he’s been told it’d be disruptive to visit immediately, and he does not want to interfere with these areas accessing the relief they desperately need.
“Communities are devastated. Loved ones waiting, not sure if their loved ones are OK, and they can’t contact them because there’s no cellphone connections. Many more folks displaced have no idea when they’ll be able to be return to their home, if ever, if there’s a home to return to,” he said.
“There’s nothing like wondering, ‘Is my husband, wife, son, daughter, mother, father, alive?’ And many more who remain without electricity, water, food and communications,” he said.
Biden said he’s directed his team “to provide every available resource as fast as possible.”
Biden vowed, “We’re not leaving until the job is done.”
Helene ‘spared no one’ in Georgia, governor says
Hurricane Helene “literally spared no one” in Georgia, Gov. Brian Kemp said Monday.
Twenty-five people in Georgia have died in the storm, Kemp said. The victims include: a 27-year-old mother and her 1-month-old twin boys, who died when a tree fell on their home; Leon Davis, an assistant fire chief from Blackshear, who died when a tree fell on his car while he was responding to a call; and a 7-year-old boy and a 4-year-old girl who died when a tree fell on their burning house, he said.
More than 500,000 customers in Georgia remain without power after Helene damaged over 5,000 poles, the governor said. Kemp said Georgia Power officials are calling Helene the most devastating storm they’ve faced.
Former President Donald Trump is scheduled to visit hard-hit Valdosta, Georgia, on Monday.
35 dead, hundreds unaccounted for in hard-hit Buncombe County, North Carolina
Thirty-five people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Shelters are at capacity, officials said.
The city of Asheville has partnered with Verizon to establish a temporary cellphone tower, officials said.
-ABC News’ Alex Faul and Jessica Gorman
600 people still unaccounted for in hard-hit Buncombe County, North Carolina
Six-hundred people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Thirty people in Buncombe County have been confirmed dead from the hurricane, the sheriff said Sunday.
Buncombe County remains under a state of emergency.
-ABC News’ Jessica Gorman
Helene remnants move into mid-Atlantic
After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.
As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.
There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.
-ABC News’ Max Golembo
Harris planning visit to communities impacted by Helene
Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.
Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.
At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.
“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”
-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie
Gov. DeSantis says power restored to all but 111K in Florida
Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.
DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.
The governor said power was back for 2.3 million customers, and 99% of the state has power.
He added that power remains out for 111,000 customers.
Biden intends to visit hurricane zone this week
President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.
In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”
Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.
The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.
“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.
-ABC News’ Sarah Kolinovsky
Trump to visit Valdosta, Georgia
Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.
President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”
When asked by reporters about his message to the victims, Biden said, “It’s tragic.”
“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.
Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”
-ABC News’ Michelle Stoddart
25 dead in South Carolina
Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.
“We don’t want to lose any more,” McMaster said.
Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.
The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.
-ABC News’ Jason Volack
FEMA sending more search and rescue teams to North Carolina
FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.
“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.
Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”
“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.
Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.
“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.
“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.
(MALIBU, Calif.) — Several Southern California counties are under “extremely critical” wildfire warnings as warm, dry temperatures and strong winds create volatile fire conditions.
On Wednesday, the National Weather Service issued a rare red flag warning for Los Angeles and Ventura Counties alerting of an “extreme fire risk” from Malibu into the San Gabriel Mountains, north of Los Angeles, where winds could gust near 100 mph.
“A very strong, widespread, and long-duration Santa Ana wind event will bring widespread extremely critical fire weather conditions to many areas of Los Angeles and Ventura counties Wednesday into Thursday,” according to the NWS warning.
Named after Southern California’s Santa Ana Canyon, the region’s Santa Ana winds bring blustery, dry and warm wind that blows out of the desert, drying out vegetation and increasing wildfire danger.
As of Wednesday, at least two wind-driven fires have already broken out in Southern California.
Mountain Fire
The fast-moving Mountain Fire in Ventura County has spread over 1,000 acres, prompting evacuation orders, threatening structures and leaving several people injured, according to local fire officials.
Due to extreme wind conditions, fixed-wing aircraft are unable to assist in firefighting efforts, according to the Ventura Fire Department, which said ground crews, helicopters and mutual aid resources are “actively working to protect lives and property.”
Evacuation orders are in effect for Walnut Ave to Balcom Canyon Road and North Highway 118 to the ridgeline and west to Saticoy County Club in Ventura County, according to CAL Fire.
Broad Fire
A second wildfire erupted in Los Angeles County’s Malibu area Wednesday — named the Broad Fire — and has burned at least 50 acres southwest of South Malibu Canyon Road and the Pacific Coast Highway (PCH) in Malibu, according to CAL Fire.
Local fire officials have warned residents to prepare for potential evacuations and the PCH has been closed in both directions between Webb Way and Corral Canyon.
Santa Ana wind conditions
The long-duration Santa Ana wind event will reach its peak on Wednesday, becoming moderate on Thursday, then tailing off to light offshore winds on Friday.
Northeast winds moving 20 to 40 mph with gusts up to 60 mph are expected across the canyons and passes of Southern California through Wednesday, with higher winds in the more wind-prone areas.
Another surge of wind is expected to peak late Wednesday night through Thursday morning with widespread northeast winds of 20 to 30 mph with gusts to 50 mph before weakening considerably by Thursday afternoon.
(LOS ANGELES) — A mother is facing charges after her 3-year-old daughter died from being left in a hot car as extreme heat grips Southern California, authorities said.
Around 4:20 p.m. Friday, police and fire crews responded to reports of a 3-year-old girl and her mother, Sandra Hernandez, who were both unconscious, Anaheim police said.
A family member had found the mother and daughter locked in a Ford Expedition, and it was unclear how long they’d been inside the parked car, police said.
The 3-year-old was later pronounced dead at the hospital, police said. Her “preliminary cause of death [was] suspected to be complications from heat stroke, though the official autopsy report is still pending,” police said in a statement on Monday.
The temperature reached a scorching 113 degrees in Anaheim on Friday. The temperature was about 104 degrees when the mother and daughter were discovered, police said.
Hernandez, 41, was interviewed at the hospital, and after she was medically cleared, she was arrested on charges of involuntary manslaughter and felony child neglect, police said.
Several empty bottles of alcohol were found inside the car, police said.
The investigation is ongoing, police added.
At least 31 children have died in hot cars in the U.S. so far this year, according to national nonprofit KidsAndCars.org.
At least 1,116 children have died in hot cars since 1990, the organization said.
Click here for what you need to know to prevent hot car deaths.
