One of the most serious potential consequences of former President Donald Trump's loss in the civil fraud suit brought by New York Attorney General Letitia James could be the auctioning off of his Mar-a-Lago country club.
Trump has a potential way out, if he can convince the courts that Mar-a-Lago is in fact his home and not a private club — but there will be significant obstacles to doing so, attorney Paul Golden told Newsweek.
The civil suit, which alleges that Trump and his adult sons systematically lied about the valuation and even sometimes the square footage of their properties to fraudulently obtain better loan terms and other perks, is seeking $250 million in damages and a ban on Trump from doing business in New York State.
As part of the summary judgment that's already declared Trump liable of fraud, Judge Arthur Engoron has revoked business licenses for Trump Organization properties and taken steps to put them under an independent monitor, although much is not yet known about how this will work in practice. New York state officials have already said it will involve liquidation and auction of much of Trump's real estate holdings.
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Trump's claim that Mar-a-Lago was his primary residence, which accompanied his formal change of residency from New York to Florida, was fraught with controversy from the start, with the Palm Beach Town Council having to decide whether it was even legal.
"If the New York case affected one of the entities that owns the Florida property, and in response Mr. Trump claims that this constitutional provision assists him, Mr. Trump would have at least a few roadblocks," said Golden, noting that Florida has strong laws protecting people's residences from being seized. But it's not quite that simple.
"Another issue is whether Mr. Trump would be considered a Florida resident who considered that property his residence. One would expect that Letitia James would claim that it cannot truly be considered a residence because it is a members-only club with guest rooms," said Golden. "If only a portion of the property would be considered his 'residence', then there are further complications."
There's also the issue of whether Florida law even overrides New York law. Resolving conflicting laws between two states is often a matter for the Supreme Court; in fact it's one of the core duties of the Supreme Court laid out in the Constitution.
All of this is unfolding at the same time that Trump faces four separate criminal cases, including a federal case regarding the concealment of highly classified national defense information on the premises of Mar-a-Lago.
