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Trump’s attorney files motion to dismiss New York lawsuit against foundation



Donald Trump
Donald Trump.
Wilson/Getty Images

  • The attorney representing President Donald Trump, his
    children, and the Trump Foundation filed a motion to dismiss
    the New York attorney general’s lawsuit against his
  • The attorney, Alan Futerfas, said the lawsuit is
    politically motivated.
  • Acting New York Attorney General Barbara Underwood’s
    office said in a statement it wouldn’t back down.

The attorney representing President Donald Trump, his children,
and his charity filed a motion to dismiss the New York Attorney
General’s lawsuit on the basis that it is politically motivated,
the lawyer alleged.

And, in a statement, the attorney general’s office said it would
not be backing down.

On Thursday, the attorney, Alan Futerfas, wrote in a motion to
dismiss filed to New York Supreme Court that former New York
Attorney General Eric Schneiderman made it “his stated mission to
‘lead the resistance’ and attack Mr. Trump whenever possible.” He
added that the attorney general’s office “turned a blind eye to
serious and significant allegations of misconduct involving the
Clinton Foundation.”

Futerfas wrote that the then-attorney general “actively
stonewalled” Trump’s efforts to dissolve the charity.

Schneiderman opened the investigation into the foundation in
2016. After he resigned in May following allegations he
physically abused women, acting New York Attorney General Barbara
Underwood completed the state’s investigation, culminating with
the June lawsuit.

Futerfas wrote that Underwood continued to use “inflammatory
rhetoric, stating publicly that she considers her battles with
the President ‘the most important work (she) has ever done’ and
has vowed that such ‘work will continue.'”

In a statement, Underwood’s
office said it wouldn’t be intimidated by Trump’s efforts to have
the case tossed out. The office said “Trump and his associates”
will be held “accountable for their flagrant violations of New
York law.”

“As our lawsuit detailed, the Trump Foundation functioned as a
personal piggy bank to serve Trump’s business and political
interests,” the statement said.

The June lawsuit against
Trump, Donald Trump Jr., Ivanka Trump, Eric Trump, and the Trump
Foundation alleges “a pattern of persistent illegal conduct” for
more than a decade.

The lawsuit accused the
 of engaging in illegal political
coordination with Trump’s campaign, making multiple self-dealing
transactions to benefit Trump and his business interests, and
violating legal obligations for such nonprofits in New York.

Underwood is seeking $2.8 million in restitution plus additional
penalties, as well as the dissolving of the Trump Foundation
under court supervision. The suit seeks to bar Trump from running
a New York nonprofit for the next decade while instituting a
one-year ban for his three eldest children.

Trump has already paid more than $330,000 in reimbursements and
penalty taxes, Underwood said in the suit.

Underwood also sent referral letters to the IRS and the Federal
Election Commission identifying possible violations of federal
law for the agencies to investigate.

When the lawsuit was first filed, Trump
 that Democrats were “doing
everything they can to sue me on a foundation that took in
$18,800,000 and gave out to charity more money than it took in,

“I won’t settle this case!” he said.

The Trump Foundation also attacked the attorney general’s office,
accusing it of playing “politics at its very worst.” As evidence,
the foundation cited the fact the lawsuit was made
public on the same day as the
 of the Department of Justice
inspector general’s report on the Hillary Clinton email

“This is unconscionable — particularly because the Foundation
previously announced its intention to dissolve more than a year
and a half ago,” a representative said in a statement.

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