Trump’s attorney filed a motion to dismiss the New York lawsuit against his charity, but the attorney general says they’re not backing down

Donald Trump.

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Donald Trump.
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  • 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 clients.
  • 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 in 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 foundation 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 tweeted 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, $19,200,000.”

“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 release of the Department of Justice inspector general’s report on the Hillary Clinton email investigation.

“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.