NY probe found potential crimes. Why isn’t Trump in cuffs? | Arab News

2022-09-24 08:49:37 By : Mr. Geordan Guo

NEW YORK: New York’s attorney general says her three-year investigation of former President Donald Trump uncovered potential crimes in the way he ran his real estate empire, including allegations of bank and insurance fraud. So why isn’t Trump being prosecuted? Attorney General Letitia James didn’t seek to slap handcuffs on the Republican this week, as some of his critics hoped. Instead, she announced a civil lawsuit seeking $250 million and his permanent banishment from doing business in the state. Like many things involving the law and Trump, the reasons James, a Democrat, opted for a lawsuit rather than a prosecution are complicated. For one, even if she did want to prosecute Trump, she doesn’t have jurisdiction under state law to bring a criminal case against him or any of the lawsuit’s other defendants, including the Trump Organization and his three eldest children, Donald Jr., Ivanka and Eric Trump. In New York, the state attorney general’s office is only allowed to prosecute a limited range of offenses on its own, like bid rigging and payroll violations. Otherwise, the office must partner with a county district attorney on a prosecution — as James’ office did with the Manhattan district attorney’s office in a case against Trump’s longtime finance chief — or obtain what’s known as a criminal referral from the governor or a state agency that has jurisdiction over the alleged wrongdoing. Even then, mounting a criminal fraud case is far more challenging than a civil lawsuit. In a criminal case, prosecutors would have to prove beyond a reasonable doubt that Trump intended to commit a crime. In the lawsuit — if it goes to trial — jurors would only need to be persuaded it was more likely than not that wrongdoing occurred. Filing a civil lawsuit while letting others sort out potential criminal violations is a sound strategy, legal experts said, allowing James to seek remedies other than prison time. It allows the attorney general to avoid the kind of internal debate about criminal charges that fractured the Manhattan district attorney’s parallel investigation into Trump earlier this year. No former US president has ever been charged with a crime. The prospect of Trump, 76, behind bars as a result of a criminal prosecution could give juries pause, make judges more careful and make winning more difficult, said University of Richmond law professor Carl Tobias. “Even for Trump, people don’t like him, but do they want to put him away?” Tobias said. “What would it take? What kind of punishment would be appropriate? So it’s just all around more difficult.” A civil case, given its lower burden of proof standard, is “a lot easier to assemble ... and probably win,” Tobias said. Trump, a Republican who’s laying the groundwork for another presidential run in 2024, has derided James as “a fraud who campaigned on a ‘get Trump’ platform.’” In an interview Wednesday night with Fox News Channel’s Sean Hannity, Trump suggested that his company had protected itself against possible fraud allegations by warning banks and potential business partners not to trust the information in its financial disclosures. “We have a disclaimer right on the front,” Trump said. “’You’re at your own risk.’ ... ‘Be careful because it may not be accurate. It may be way off.’ ... ‘Get your own people. Use your own appraisers. Use your own lawyers. Don’t rely on us.’” James said at a news conference Wednesday that her office was referring its findings to the US attorney’s office in Manhattan and the Internal Revenue Service, and would share evidence of possible state law violations with the Manhattan district attorney’s office, if requested. The US attorney’s office in Manhattan said it was aware of James’ referral of potential criminal violations, but otherwise declined comment. The Internal Revenue Service’s criminal investigation division said it “doesn’t confirm the existence of investigations until court documents are publicly available.” Manhattan District Attorney Alvin Bragg said his probe of Trump was “active and ongoing.” The former prosecutor who had been leading Bragg’s investigation, Mark Pomerantz, resigned in February because he felt the office should be moving more quickly to bring criminal charges against Trump. In a resignation letter, Pomerantz wrote that he believes the former president is “guilty of numerous felony violations.” He said he had told Bragg there was “evidence sufficient to establish Mr. Trump’s guilt beyond a reasonable doubt” of many of the same allegations that now appear in James’ lawsuit — including that Trump falsified financial statements to secure loans and burnish his image as a wealthy businessman. If there’s no settlement agreement, James’ lawsuit against Trump could take years to play out and might not be resolved before the 2024 presidential election. A fraud lawsuit James filed against the National Rifle Association recently entered its third year, slowed by legal wrangling and the powerful gun advocacy group’s attempts to get the case thrown out. No trial date has been set. Drawn out legal proceedings could hurt Trump’s business by making lenders and potential partners reluctant to cut deals. But, if history is any guide, it’s not likely to be a crushing blow. Against the odds, and despite no shortage of legal battles in recent years, the company has been able to get new loans and raise money. In February, the Trump Organization got a $100 million from a California bank to refinance commercial and retail space in its Trump Tower headquarters. That deal was struck just three days after Trump’s long-time accountants, Mazurs, disavowed a decade of financial statements it had helped prepare — a serious blow to his business reputation. That big loan also came after the Trump Organization had already been indicted on fraud charges by the Manhattan district attorney’s office for allegedly helping executives evade taxes. That case is scheduled to go to trial next month. Another recent victory for Trump as his legal troubles mount: Selling his Washington D.C. hotel for $375 million, far more than expected. Several lending experts said the new loan show why much of Trump’s business is insulated from his political and legal storms: What matters most in real estate is the cash thrown off by rent and the collateral of the buildings — not the reputation of the owner.  

South Korea’s military has detected signs that North Korea may be preparing to test a submarine-launched ballistic missile (SLBM), Yonhap news agency reported on Saturday, days before a visit by US Vice President Kamala Harris. The military detected preparations this week in Sinpo, South Hamgyong Province, North Korea, Yonhap reported, citing an unnamed South Korean military source. This is in line with a US-based think tank’s report this week, which cited commercial satellite imagery. South Korean President Yoon Suk-yeol is aware of signs and movements suggesting North Korean provocations, including SLBMs, the presidential office said in a statement on Saturday. US Vice President Harris is set to visit the region next week and meet with leaders of Japan and South Korea. A senior US administration official told a briefing on Friday that a nuclear test or other provocation was possible during Harris’ trip to the region, but that they had no predictions or announcements to make. A US aircraft carrier arrived in South Korea on Friday for the first time in about four years, joining other military vessels to participate in joint drills with South Korean forces. North Korea has denounced previous US military deployments and joint drills as rehearsals for war and evidence of hostile policies by Washington and Seoul.

LUCKNOW, India: Hazardous weather killed at least 36 people in northern India over the past 24 hours, including 12 who died after being struck by lightning, officials said as they warned of more heavy downpours in the coming days. Across the northern state of Uttar Pradesh, some 24 people died after their homes collapsed amid unrelenting rains, Relief Commissioner Ranvir Prasad said. Mohamed Usman, 15, was on his friend’s roof in the city of Prayagraj when lightning struck Friday evening, killing him instantly. His friend Aznan, who goes by one name, was injured and is being treated in a hospital. “As soon as they set foot on the roof, they were hit by lightning and my son died,” said Mohammad Ayub, Usman’s father. Officials said 39 people in the state have died from lightning in the last five days, prompting the state government to issue new guidelines for how people can protect themselves during a thunderstorm. Lightning strikes are common during India’s monsoon season, which runs from June to September. Col. Sanjay Srivastava, whose organization Lightning Resilient India Campaign works with the Indian Meteorological Department, said that deforestation, the depletion of bodies of water, and pollution all contribute to climate change, which leads to more lightning. Global warming has also increased the frequency of lightning, said Sunita Narain, director general at the Center for Science and Environment. A 1-degree-Celsius (1.8-degree-Fahrenheit) rise in temperature increases lightning by 12 times. There has been a 34 percent rise in lightning strikes across India over the past year, which has caused deaths to also jump. India recorded 1,489 deaths due to lightning in 2016, and the number grew to 2,869 in 2021, according to Srivastava.

NEW YORK: Looking to “reintroduce the Philippines” to the world, new President Ferdinand Marcos Jr. has ambitious plans for his nation on the international stage and at home — if, that is, the twin specters of pandemic and climate change can be overcome or at least managed. And if he can surmount the legacies of two people: his predecessor, and his father. He also wants to strengthen ties with both the United States and China — a delicate balancing act for the Southeast Asian nation — and, like many of his fellow leaders at the United Nations this week, called on the countries that have caused global warming to help less wealthy nations counteract its effects. Marcos, swept into office this spring, is already drawing distinctions both subtle and obvious between himself and his voluble predecessor, Rodrigo Duterte, who alienated many international partners with his violent approach to fighting drug trafficking and the coarse rhetoric he used to galvanize supporters. Asked if Duterte went too far with his lethal drug crackdown, Marcos redirected the criticism toward those who carried out the plan. “His people went too far sometimes,” Marcos said on Friday. “We have seen many cases where policemen, other operatives, some were just shady characters that we didn’t quite know where they came from and who they were working for. But now we’ve gone after them.” Marcos, 65, sat for a wide-ranging interview in New York on the sidelines of the UN General Assembly’s annual leaders’ meeting. Three months into his administration, he seemed energetic and enthusiastic — and eager to project his vision for the nation beyond its borders. On Thursday, he met with US President Joe Biden in a bid to strengthen the sometimes complicated ties that have ebbed and flowed between the two nations since the Philippines spent four decades as an American colony in the early 20th century. “There have been bits and pieces where they were not perhaps ideal,” Marcos said. “But in the end, that overall trajectory has been to strengthen and strengthen and strengthen our relationship.” In addition to Duterte, Marcos also must draw distinctions between himself and the most iconic figure in the Philippines’ public sphere: his late father, whose name he shares. Ferdinand Marcos Sr., hero to some and plundering dictator to others, ruled from the 1960s to the 1980s, including a tumultuous period of martial law and repression. He made the family reputation an indelible part of Filipino history. Addressing the family legacy directly is something the son has been loath to do, at least explicitly, though he vehemently rejects use of the term “dictator” to describe his father’s rule, To him, the political baggage of his parents is a remnant of the past. “I did not indulge in any of that political back-and-forth concerning the Marcos family,” he said. “All I spoke about was, ‘What are we going to do to get into a better place?’ And people responded.” Engaging, he said, would have simply been a retread — and an unnecessary one. “It doesn’t help. It doesn’t change anything,” he said. “So what’s the point?” When it comes to his predecessor, Marcos treads a nuanced political line as well. Distinguishing himself from Duterte’s in-your-face rule can benefit him at home and internationally, but Duterte’s popularity helped catapult him into office, and the former president’s daughter Sara is Marcos’ vice president. The extrajudicial killings associated with Duterte’s yearslong crackdown provoked calls that his administration should be investigated from the outside, and he vowed not to rejoin the International Criminal Court — a precept that Marcos agrees with. After all, Marcos asked, why should a country with a functioning legal system be judged from elsewhere? “We have a judiciary. It’s not perfect,” he said. “I do not understand why we need an outside adjudicator to tell us how to investigate, who to investigate, how to go about it.” Marcos cast the coronavirus pandemic as many other leaders have — as a balancing act between keeping people safe and making sure life can push forward. “We took a very extreme position in the Philippines, and we eventually had the longest lockdown in any country in the world,” he said. “That was the choice of the previous government. And now, we are now coming out of it.” In recent days, he has both removed a national mandate to wear masks outdoors and extended a “state of calamity” — something he said he didn’t necessarily want to do, but keeping the declaration in place allows more people to continue getting help. “It’s not very encouraging when people look at your country and they see, ‘Well, it’s under a state of calamity.’ That’s not good for tourists. It’s not good for visitors. It’s not good for business,” Marcos said. Encouraging ties with China, particularly given Beijing’s aggressive maritime policies, might be a daunting prospect for a nation so closely and historically aligned with the United States. But, Marcos says, it’s possible — and necessary. “It is a very fine line that we have to tread in the Philippines,” the president said. “We do not subscribe to the old Cold War ‘spheres of influence.’ ... So it’s really guided by national interest, number one. And second, the maintenance of peace.” Peace comes in many flavors. Last week, Marcos traveled to the southern part of the nation — a predominantly Muslim area of a predominantly Catholic country — to express support for a multiyear effort to help a onetime rebel group, the Moro Islamic Liberation Front, give up their guns and govern their autonomous region effectively. While Moro has come into the government fold, smaller militant groups including the violent Abu Sayyaf have continued to fight the government and wage sporadic attacks, especially in impoverished rural regions with weak law enforcement. Marcos dismissed Abu Sayyaf as a group that no longer has a cause other than “banditry.” “I don’t believe they are a movement anymore. They are not fighting for anything,” Marcos said. “They are just criminals.” Marcos did not specify precisely why the Philippines needed to be reintroduced, though the country’s image took a hit from 2016 to 2022 under the Duterte administration. “The purpose, really, that I have brought to this visit here in New York ... has been to try to reintroduce the Philippines to our American friends, both in the private sector and in the public sector,” he said. And after the pandemic truly ends, he said, the nation needs to find a fruitful path and follow it. “We have to position ourselves. We have to be clever about forecasting, being a bit prescient,” he said. “We do not want to return to whatever it is we were doing pre-pandemic,” Marcos said. “We want to be able to be involved and be a vital part of the new global economy, of the new global political situation.”

NEW YORK: The tide of international opinion appears to be decisively shifting against Russia, as a number of non-aligned countries are joining the United States and its allies in condemning Moscow’s war in Ukraine and its threats to the principles of the international rules-based order. Western officials have repeatedly said that Russia has become isolated since invading Ukraine in February. Until recently, though, that was largely wishful thinking. But on Tuesday, Wednesday and Thursday, much of the international community spoke out against the conflict in a rare display of unity at the often-fractured United Nations. The tide had already appeared to be turning against Russian President Vladimir Putin even before Thursday’s UN speeches. Chinese and Indian leaders had been critical of the war at a high-level summit last week in Uzbekistan. And then the UN General Assembly disregarded Russia’s objections and voted overwhelmingly to allow Ukrainian President Volodymyr Zelensky to be the only leader to address the body remotely, instead of requiring him to appear in person. That shift against Russia accelerated after Putin on Wednesday announced the mobilization of some additional 300,000 troops to Ukraine, signaling the unlikelihood of a quick end to the war. Putin also suggested that nuclear weapons may be an option. That followed an announcement of Russia’s intention to hold referendums in several occupied Ukrainian regions on whether they will become part of Russia. Those announcements came at the very moment that the General Assembly, considered the premier event in the global diplomatic calendar, was taking place in New York. Numerous world leaders used their speeches on Tuesday and Wednesday to denounce Russia’s war. That trend continued Thursday both in the assembly hall and at the usually deeply divided UN Security Council, where, one-by-one, virtually all of the 15 council members served up harsh criticism of Russia – a council member — for aggravating several already severe global crises and imperiling the foundations of the world body. The apparent shift in opinion offers some hope to Ukraine and its Western allies that increasing isolation will add pressure on Putin to negotiate a peace. But few are unduly optimistic. Putin has staked his legacy on the Ukraine war and few expect him to back down. And, Russia is hardly isolated. Many of its allies depend on it for energy, food and military assistance and are likely to stand by Putin regardless of what happens in Ukraine. Still, it was striking to hear Russia’s nominal friends like China and India, following up on last week’s remarks, speak of grave concerns they have about the conflict and its impact on global food and energy shortages as well as threats to the concepts of sovereignty and territorial integrity that are enshrined in the UN Charter. Brazil registered similar concerns. Brazil, Russia, India, China and South Africa make up the so-called BRICS bloc of countries, which has often shunned or outright opposed Western initiatives and views on international relations. Only one country, Belarus, a non-council member and Russia ally that was invited to participate, spoke in support of Russia, but also called for a quick end to the fighting, which it called a “tragedy.” “We hear a lot about the divisions among countries at the United Nations,” Secretary of State Antony Blinken said. “But recently, what’s striking is the remarkable unity among member states when it comes to Russia’s war on Ukraine. Leaders from countries developing and developed, big and small, North and South have spoken in the General Assembly about the consequences of the war and the need to end it.” “Even a number of nations that maintain close ties with Moscow have said publicly that they have serious questions and concerns about President Putin’s ongoing invasion,” Blinken said. Chinese Foreign Minister Wang Yi was careful not to condemn the war but said that China’s firm stance is that “the sovereignty and territorial integrity of all countries should be respected. The purposes of the principles of the UN Charter should be observed.” Indian External Affairs Minister S. Jaishankar said “the trajectory of the Ukraine conflict is a matter of a profound concern for the international community.” He called for accountability for atrocities and abuses committed in Ukraine. “If egregious attacks committed in broad daylight are left unpunished, this council must reflect on the signals we are sending on impunity. There must be consistency if we are to ensure credibility,” he said. And Brazilian Foreign Minister Carlos Alberto Franca said immediate efforts to end the war are critical. “The continuation of the hostilities endangers the lives of innocent civilians and jeopardizes the food and energy security of millions of families in other regions, especially in developing countries,” he said. “The risks of escalation arising for the current dynamics of the conflict are simply too great, and its consequences for the world order unpredictable.” Foreign ministers and top officials from Albania, Britain, France, Ireland, Gabon, Germany, Ghana, Kenya, Mexico and Norway delivered similar rebukes. “Russia’s actions are blatant violation of the Charter of the United Nations,” said Albanian Foreign Minister Olta Xhacka. “We all tried to prevent this conflict. We could not, but we must not fail to hold Russia accountable.” Mexican Foreign Secretary Marcelo Ebrard called the invasion a “flagrant breach of international law” and Irish foreign minister Simon Coveney said: “If we fail to hold Russia accountable we send a message to large countries that they can prey on their neighbors with impunity.” Unsurprisingly, Russian Foreign Minister Sergey Lavrov was unapologetic and defensive at the same time and specifically targeted Zelensky. Citing a phrase often attributed to President Franklin Roosevelt, Lavrov called Zelensky “a bastard,” but said Western leaders regarded him as “our bastard.” He repeated a long list of Russia’s complaints about Ukraine and accused Western countries of using Ukraine for anti-Russia activities and policies. “Everything I’ve said today simply confirms that the decision to conduct the special military operation was inevitable,” Lavrov said, following Russian practice of not calling the invasion a war. Russia has denied being isolated and the foreign ministry used social media to publicize a number of apparently cordial meetings that Lavrov has held with foreign minister colleagues at the UN in recent days. Still, Blinken and his colleagues from other NATO nations seized on what they believe to be growing opposition to and impatience with Putin. And, several speakers, including Ukrainian Foreign Minister Dmytro Kuleba and British Foreign Secretary James Cleverly, pointed out that Lavrov skipped the meeting except for his speaking slot. “I notice that Russian diplomats flee almost as quickly as Russian soldiers,” Kuleba said, referring to Lavrov’s hasty exit along with recent Russian troop retreats in Ukraine.

WASHINGTON: Bet the dinosaurs wish they’d thought of this. NASA on Monday will attempt a feat humanity has never before accomplished: deliberately smacking a spacecraft into an asteroid to slightly deflect its orbit, in a key test of our ability to stop cosmic objects from devastating life on Earth. The Double Asteroid Redirection Test (DART) spaceship launched from California last November and is fast approaching its target, which it will strike at roughly 14,000 miles per hour (23,000 kph). To be sure, neither the asteroid moonlet Dimorphos, nor the big brother it orbits, called Didymos, pose any threat as the pair loop the Sun, passing some seven million miles from Earth at nearest approach. But the experiment is one NASA has deemed important to carry out before an actual need is discovered. “This is an exciting time, not only for the agency, but in space history and in the history of humankind quite frankly,” Lindley Johnson, a planetary defense officer for NASA told reporters in a briefing Thursday. If all goes to plan, impact between the car-sized spacecraft, and the 530-foot (160 meters, or two Statues of Liberty) asteroid should take place at 7:14pm Eastern Time (2314 GMT), and can be followed on a NASA livestream. By striking Dimorphos head on, NASA hopes to push it into a smaller orbit, shaving ten minutes off the time it takes to encircle Didymos, which is currently 11 hours and 55 minutes — a change that will be detected by ground telescopes in the days that follow. The proof-of-concept experiment will make a reality what has before only been attempted in science fiction — notably films such as “Armageddon” and “Don’t Look Up.”

As the craft propels itself through space, flying autonomously for the mission’s final phase like a self-guided missile, its main camera system, called DRACO, will start to beam down the very first pictures of Dimorphos. “It’s going to start off as a little point of light and then eventually it’s going to zoom and fill the whole entire field of view,” said Nancy Chabot of Johns Hopkins Applied Physics Laboratory (APL), which hosts mission control in a recent briefing. “These images will continue until they don’t,” added the planetary scientist. Minutes later, a toaster-sized satellite called LICIACube, which separated from DART a couple of weeks earlier, will make a close pass of the site to capture images of the collision and the ejecta — the pulverized rock thrown off by impact. LICIACube’s picture will be sent back in the weeks and months that follow. Also watching the event: an array of telescopes, both on Earth and in space — including the recently operational James Webb — which might be able to see a brightening cloud of dust. Finally, a full picture of what the system looks like will be revealed when a European Space Agency mission four years down the line called Hera arrives to survey Dimorphos’s surface and measure its mass, which scientists can only guess at currently.

Very few of the billions of asteroids and comets in our solar system are considered potentially hazardous to our planet, and none in the next hundred or so years. But “I guarantee to you that if you wait long enough, there will be an object,” said Thomas Zurbuchen, NASA’s chief scientist. We know that from the geological record — for example, the six-mile wide Chicxulub asteroid struck Earth 66 million years ago, plunging the world into a long winter that led to the mass extinction of the dinosaurs along with 75 percent of species. An asteroid the size of Dimorphos, by contrast, would only cause a regional impact, such as devastating a city, albeit with a greater force than any nuclear bomb in history. Scientists are also hoping to glean valuable new information that can inform them about the nature of asteroids more generally. How much momentum DART imparts on Dimorphos will depend on whether the asteroid is solid rock, or more like a “rubbish pile” of boulders bound by mutual gravity, a property that’s not yet known. We also don’t know its actual shape: whether it’s more like a dog bone or a donut, but NASA engineers are confident DART’s SmartNav guidance system will hit its target. If it misses, NASA will have another shot in two years’ time, with the spaceship containing just enough fuel for another pass. But if it succeeds, then it’s a first step toward a world capable of defending itself from a future existential threat, said Chabot.