February, 15 2017, 01:30pm EDT
Top Legal Experts to NY Attorney General: Revoke the Trump Organization's Charter
Free Speech for People demands investigation into President’s unconstitutional conflicts of interest and dissolution of Trump Organization
NEW YORK, N.Y.
Free Speech for People (FSFP), a non-partisan legal advocacy organization, today delivered a letter to New York State Attorney General Eric Schneiderman demanding he investigate whether to revoke the charter of The Trump Organization, Inc. due to the President's ownership stake in the corporation and its history of illegal activity. Unlike existing legal actions against the President's conflicts of interest, the legal strategy FSFP unveiled today is based on Attorney General Schneiderman's power and legal precedent to pursue this investigation in New York state court without permission from Congress or any other arm of the federal government.
"The President's continued ownership stake in the Trump Organization poses a grave threat to our Constitution and our country. Attorney General Schneiderman needs to investigate the Trump Organization's corrupt involvement in the President's self-enrichment scheme, and whether to dissolve the company and revoke its corporate charter," said Ron Fein, Legal Director for Free Speech For People. "The Attorney General of New York does not need Congress to pursue this investigation. He does not need the state legislature. Right now, he can use the power the people of New York have vested in him to ensure that the President is not above the law."
According to Section 1101 of New York's Business Corporation Law, the Attorney General is empowered to dissolve a corporation and revoke its charter if that corporation abuses or exceeds its legal authority. As the letter details, the Trump Organization--which is incorporated and headquartered in New York--is subject to this process due to its continued entanglement in presidential corruption and ethics violations in violation of New York public policy and the U.S. Constitution, as well as its pattern of allegedly fraudulent and illegal business activity. The Trump Organization--the nerve center for an empire of about 500 affiliated corporations and LLCs that own Trump's empire of hotels, golf courses, and other properties--could be placed in receivership by a state judge if the Attorney General pursues an investigation into revoking the corporation's charter.
The letter is also being made available to the public on FSFP's website. FSFP is encouraging members of the public to sign a petition urging the Attorney General to pursue this investigation, and to contact his office to voice support: https://freespeechforpeople.org/revoke-trump-charter/.
"President Trump's unprecedented corruption of the Oval Office abuses the public trust and directly violates the U.S. Constitution," said John Bonifaz, the Co-Founder and President of Free Speech for People. "We urge the New York Attorney General to initiate this investigation, and we urge people across the country to join us in this campaign to hold the Trump Organization accountable under the law."
In their letter, Free Speech for People lays out a two-part legal argument for why the Trump Organization is acting in excess and abuse of the law, and why the Attorney General should investigate revoking its charter:
1. By continuing to operate under Trump family ownership and control while President Trump is in the White House, the Trump Organization flagrantly abuses its state-granted powers, violating the public policies of New York State against corruption and conflicts of interest, and violating the U.S. Constitution, including the Foreign Emoluments Clause and the Domestic Emoluments Clause. The Trump Organization and the President have consistently failed to take the necessary measures to comply with the law, such as placing the President's controlling interest in a blind trust.
2. The Trump Organization has a documented history of alleged illegal, fraudulent, and abusive activity--including racial discrimination in housing, fraud against customers and investors, and violations of labor law and campaign finance law--demonstrating that it is acting outside its legal authority.
"New York's law is clear: A corporation forfeits its charter when its business is persistently fraudulent or violates the public policy of the state--and the Trump Organization is quite clearly failing on both of these counts," said Jonathan Abady, counsel for Free Speech for People and founding partner of Emery Celli Brinckerhoff & Abady. "The case we lay out is one grounded in state and Constitutional law, and based on the public and documented statements and behavior of Donald Trump and the Trump Organization. We are confident that the Attorney General will give this matter careful consideration and come to the same conclusions we did."
"Never in our nation's history, until now, has a business corporation been effectively merged with the presidency of the United States to enable the President and his family to use the presidency to enrich themselves," said Ben Clements, counsel to Free Speech for People and Chairman of its Board of Directors. "The use of the Trump Organization to facilitate this corruption and continuous violations of the United States Constitution is contrary to New York law and it is incumbent on the Attorney General to investigate and take appropriate action."
The Attorney General of New York has had the power to revoke corporate charters for more than a century. For example, in 1994, the Attorney General successfully brought suit to compel the judicial dissolution of a for-profit business school network that had conducted its business in a persistently illegal manner and contrary to public policy.
Free Speech For People is a national non-partisan non-profit organization founded on the day of the U.S. Supreme Court's ruling in Citizens United v. FEC that works to defend our democracy and our Constitution.
LATEST NEWS
'Troublemakers' Block Amazon HQ Over Plan to Link Data Centers With Gas Pipeline
"Amazon is breaking its Climate Pledge by powering new data centers with fracked gas," said one member of the new activist group. "So we came to demand that they honor the pledge."
Mar 27, 2024
A recently formed group of climate activists on Wednesday shut down entrances to Amazon's downtown Seattle headquarters to protest the tech titan's plans to link some of its data centers with an upgraded fracked gas pipeline.
Members of the Troublemakers—who describe themselves as "an ever-growing community of people who are committed to taking action for life on Earth"—blockaded the doors to the Day 1 Building on 7th Ave. in opposition to Amazon Web Services' (AWS) plan to connect three data centers near Boardman, Oregon to TC Energy's Gas Transmission Northwest (GTN) XPress Project.
As Common Dreamsreported last October, GTN XPress, which has been approved by the Federal Energy Regulatory Commission, would upgrade compressor stations in Kootenai County, Idaho; Sherman County, Oregon; and Walla Walla County, Washington. TC Energy plans to boost the 60-year-old pipeline's capacity by 150 million cubic feet of fracked gas by increasing the conduit's pressure.
"The decision to use fracked gas from the GTN XPress adds to Amazon's carbon emissions problems," the Troublemakers said in a statement. "Amazon's 2022 carbon emissions totaled 71.27 million metric tons, marking an 18% rise from 2020 and a 40% surge since 2019, the year Amazon unveiled its Climate Pledge. This alarming trend is in stark contrast to the global imperative to halve emissions by 2030."
The group wrote in a March 19 letter to Amazon CEO Andy Jassy:
Amazon prides itself on innovation. Using fossil fuel is not innovation... It is relying on a dying technology that is killing the planet. Utilizing GTN XPress would increase Amazon's carbon footprint and contribute greatly to climate change... We urge you to publicly commit to financing solar or wind projects to provide clean energy for Amazon's operations, and reject the GTN XPress.
The Troublemakers are calling on Amazon to:
- Publicly renounce the plan to connect to GTN XPress;
- Commit to not powering AWS data centers with fossil fuels; and
- Commit to using 100% renewable energy in each operation while funding wind and solar generation, storage, and distribution.
"We see Amazon's greenwashing every time we pass by Climate Pledge Arena," said Troublemaker Valerie Costa, who was referring to the home of the Seattle Kraken and Seattle Storm professional sports franchises. "Until Amazon drops its plan to buy fracked gas from GTN XPress, we'll keep showing up. Every fossil fuel project in the [Pacific Northwest] will be met with fierce resistance."
Leonard Sklar, a scientist and Troublemaker, asserted that "Amazon is breaking its Climate Pledge by powering new data centers with fracked gas. So we came to demand that they honor the pledge."
"We know they have the power to be 100% renewable energy," he added, "and that's what this moment requires."
Keep ReadingShow Less
Over Apple's Objections, Oregon Governor Signs Nation's Strongest Right to Repair Law
"Oregon becomes the first state to ban 'parts pairing,' which let companies like Apple decide when and how you replace parts."
Mar 27, 2024
In a move that advocates said will save Oregon residents money while supporting small businesses and reducing waste of electronic devices, Democratic Gov. Tina Kotek on Wednesday signed the Right to Repair Act, a law that passed earlier this month despite Apple's lobbying efforts.
The Public Interest Research Group (PIRG), applauded the signing of the bill, which requires manufacturers to provide Oregonians and small repair businesses with access to the parts, tools, and information needed to fix personal electronics and household appliances.
Manufacturers like Apple frequently require consumers to go to their stores or authorized service providers for repairs, making them expensive for customers and difficult to access for people who live far from the providers.
Charlie Fisher, state director of Oregon PIRG, said the law means Oregon is "moving forward on an innovation even more critical than a new gadget: the right to fix our electronic devices."
"By eliminating manufacturer restrictions, the right to repair will make it easier for Oregonians to keep their personal electronics running," said Fisher. "That will conserve precious natural resources and prevent waste. It's a refreshing alternative to a 'throwaway' system that treats everything as disposable."
The Right to Repair Act, which will go into effect on January 1, 2025, was supported by roughly 100 small businesses that provide repairs across the state, as well as recycling nonprofit organizations.
Apple testified against the bill, saying it opposed a provision against "parts pairing." The practice requires consumers or independent repair businesses to purchase parts from Apple and have them validated by the company.
John Perry, a senior security manager at Apple, told state senators that the provision would "undermine the security, safety, and privacy of Oregonians by forcing device manufacturers to allow the use of parts of unknown origin and consumer devices."
State Rep. Courtney Neron (D-26) cited a letter from the Federal Trade Commission when she told her colleagues that Apple's parts paring requirements "drive up the price that consumers must pay to fix a device and cause consumers to purchase a new device before the end of its useful life."
"Manufacturer repair restrictions also make it more challenging for small repair businesses to compete and contribute to unnecessary e-waste," she said.
Pro-labor media organization More Perfect Union called Kotek's signing of the bill "a major loss for Apple."
"Oregon has a proud history of passing forward thinking policies that help Oregonians steward and respect the resources that go into making the products we use everyday," said Celeste Meiffren-Swango, state director of Environment Oregon, "and we are building on that legacy with the Right to Repair Act."
Keep ReadingShow Less
Biden's Bid to Tax the Rich Could Be the 2024 Lift the President Needs
New polling finds a majority of Americans across party lines support raising taxes on billionaires.
Mar 27, 2024
During his State of the Union address, U.S. President Joe Biden declared that he wants to raise taxes on the rich, and polling results published Tuesday show that both Democratic and Republican voters in important swing states support doing so.
The polling firm Morning Consult reports that 69% of registered voters in seven swing states say they support raising taxes on billionaires. That includes states like Michigan, Wisconsin, and Pennsylvania.
One of the most consistently popular policy proposals, across parties, is raising taxes on the rich. https://t.co/1fwJK5z0EN
— David Roberts (@drvolts) March 26, 2024
The poll found 58% of Republicans, 83% of Democrats, and 66% of independents support raising taxes on billionaires. The poll also found similar numbers of voters support raising taxes on people who make more than $400,000 per year.
Biden's 2025 budget plan includes a hike in taxes on the rich that would generate significant revenue for the federal government.
"Biden proposes to raise $503 billion over the next decade by imposing a 25% tax on people who claim more than $100 million in assets—a source of wealth that has long been beyond the reach of the [Internal Revenue Service]," The Washington Postreports.
In a New York Times opinion piece that was published on Wednesday, Felicia Wong, president and chief executive of the progressive advocacy organization Roosevelt Forward, outlined how opinions have changed about how much wealth is too much and if it should be more heavily taxed.
"Should we have trillionaires? Should we even have billionaires? According to at least one recent analysis, the economy is on track to mint its first trillionaire—that is 1,000 billion—within a decade. Such staggering accumulations of wealth are made possible in large part by the fact that America's federal tax burden is so comparatively light," Wong wrote. "After a long period of seeming to venerate the 1 %, or the 1% of 1% of 1%, American sentiment is swinging hard against this imbalance."
Keep ReadingShow Less
Most Popular