Kevin J. O’Brien, Partner at Ford O’Brien Landy LLP, trial lawyer and former assistant U.S. attorney who specializes in white-collar criminal defense, told the Washington Examiner he believed Engoron likely applied the statute as it was intended to apply.
“This is what 63(12) was for. It was meant to address systematic, widespread, fraudulent behavior over a lengthy period of time,” O’Brien said.
One point of agreement by O’Brien and McCarthy is that Trump could see success that he was subjectively targeted for the lawsuit that the state would not bring against a similarly situated defendant.