Justice Delayed: New York Appellate Court Reportedly Split Over Trump Civil Fraud Judgment

Authored by Jonathan Turley,

Some of us have expressed frustration with the ridiculous delay in the appellate court review of the absurd civil judgment against Donald Trump.

It appears to have entered some judicial black hole where neither light nor an opinion can escape.

Now, the Wall Street Journal claims that it is due to a deeply divided panel in a column titled “Court Split Leaves Trump’s Civil Fraud Appeal Stuck in Slow Lane.”

This should not be a close case and certainly should not take this long.

The case against Trump was raw lawfare, and the entire trial by Justice Arthur Engoron made a mockery of the court system, particularly his ridiculous half-a-billion-dollar judgment. 

Yet, weeks turned into months and then into years as the appellate court seemed lost in navel-gazing. There was also a concern over passive-aggressive delays; the long appeal is not only preventing Trump from moving this case toward the Supreme Court but keeps him trapped in an appellate amber.

Now the Wall Street Journal is reporting:

A five-justice panel has yet to render a decision nearly a year after taking up the case, leaving him and his business in limbo. Behind the scenes, members of the panel have been divided, and three of them have been writing opinions, according to people familiar with the matter. It couldn’t be determined how they are split. Justices do occasionally shift their positions, and the number of opinions could change, the people said.

…

The panel hearing the Trump appeal includes four judges appointed by Democratic governors and one Republican appointee, David Friedman, who is regarded as among the most conservative of the court’s 21 members. The court’s presiding justice, Renwick, also on the panel, is viewed as a stalwart liberal who has an institutional interest in seeking consensus and guarding the court’s reputation.

It is not a good thing to see a leak of this kind from any court. The United States Supreme Court was rocked by the leaking of a draft opinion of the Dobbs decision just a few years ago. No one was ever prosecuted for the leak.

It is distressing to hear that some of these judges may be striving to preserve this nonsensical opinion where Trump was hit with half a billion dollars in a case where no one lost money and the banks wanted renewed business with his company. Affirming the decision would be the final nail in the coffin for the New York legal system, which was turned into a farce by New York Attorney General Letitia James and Judge Engoron. 

Even if it is true that the judges have hopelessly fractured, they could do us all a favor and allow the case to proceed toward more competent jurists and final resolution. 

There is certainly no rush by these appellate judges to right any wrong done to Trump, who appears, again, to fall into a special category of persona non grata in the New York legal system. This appellate panel appears content to leave Trump twisting in the wind as it contemplates what to do with a defendant who garners little sympathy from its members. 

Most appeals are measured in months; this seems measured in millennia. Even with the notoriously slow New York legal system, the pendency of this appeal is becoming itself a controversy.

It is often said that justice delayed is justice denied.

However, delayed and denied justice for Trump appears to be a bedrock principle of the New York justice system.