EXHIBIT 2

Case 9:22-cv-81780-DMM Document 11-2 Entered on FLSD Docket 12/16/2022 Page 1 of 9
SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF NEW YORK

PEOPLE OF THE STATE OF NEW YORK, by 

LETITIA JAMES, Attorney General of the State of 

New York,

Plaintiff, 

v. 

DONALD J. TRUMP, DONALD TRUMP, JR., ERIC 

TRUMP, IVANKA TRUMP, ALLEN 

WEISSELBERG, JEFFREY MCCONNEY, THE 

DONALD J. TRUMP REVOCABLE TRUST, THE 

TRUMP ORGANIZATION, INC., TRUMP 

ORGANIZATION LLC, DJT HOLDINGS LLC, DJT 

HOLDINGS MANAGING MEMBER, TRUMP 

ENDEAVOR 12 LLC, 401 NORTH WABASH 

VENTURE LLC, TRUMP OLD POST OFFICE LLC, 

40 WALL STREET LLC, and SEVEN SPRINGS 

LLC, 

Defendants, 

Index No. 452564/2022 

AFFIRMATION OF 

ALINA HABBA, ESQ. 

Alina Habba, Esq., an attorney duly admitted to practice before the Courts of the State of 

New York and this Court, hereby states the following under penalty of perjury and pursuant to 

CPLR § 2106:

1. I am the managing partner of Habba Madaio & Associates LLP, attorneys for 

several of the defendants, Donald J. Trump, Allen Weisselberg, Jeffrey McConney, The Donald J. 

Trump Revocable Trust, The Trump Organization, Inc., Trump Organization LLC, DJT Holdings 

LLC, DJT Holdings Managing Member LLC, Trump Endeavor 12 LLC, 401 North Wabash 

Venture LLC, Trump Old Post Office LLC, 40 Wall Street LLC, and Seven Springs LLC

(collectively, “Defendants”), and am fully familiar with the facts and circumstances set forth 

below.

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NYSCEF DOC. NO. 196 RECEIVED NYSCEF: 11/21/2022

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2. This Affirmation is submitted in support of the instant motion seeking the dismissal 

of the NYAG’s Verified Complaint, with prejudice, pursuant to CPLR 3211(a)(1),(2),(3),(7) 

and/or (8), and granting such other and further relief as the Court deems just and proper.

FACTUAL BACKGROUND

3. Throughout her career, Letitia James, the Attorney General of the State of New 

York (“AG James”), has issued numerous statements, threats, and promises regarding her desire 

to prosecute the defendant, Donald J. Trump (“President Trump”), his family, and his namesake 

business, the Trump Organization.

4. Prior to serving as Attorney General, AG James served as a Democratic member of 

the New York City Council and New York City Public Advocate. Six and a half months into 

President Trump’s term, AG James led “die-in” protests against Trump because, according to her, 

“we are all being killed by this administration.”1

5. Shortly thereafter, AG James accused President Trump of possessing a “blatant 

disregard for human lives.”2

6. Roughly ten months into President Trump’s term, AG James announced: “I’ve been 

leading the resistance against Donald Trump in NYC and will only continue to do so in every way 

possible.”3

7. In May of 2018, after Attorney General Eric Schneiderman’s resignation, AG 

James declared her candidacy for Attorney General of the State of New York.4

1 id. (Aug. 14, 2017, 5:55 PM ET) https://bit.ly/3lu9fqz . 2 Letitia James (@TishJames), Twitter (Sep. 5, 2017, 11:06 AM ET) https://bit.ly/3lhVStj “Trump admin once 

again showing blatant disregard for human lives.”).

3 Id., (Oct. 16, 2017, 7:57 PM ET) https://bit.ly/3d4wBQr emphasis added).do so in every way possible.” Id., (Oct. 

16, 2017, 7:57 PM ET) https://bit.ly/3d4wBQr (emphasis added). 4 https://www.nytimes.com/2018/05/16/nyregion/attorney-general-james-cuomo-ny.html Letitia James, Weighing 

Political Calculus, Enters Attorney General Race, The New York Times, May 16, 2018, https://nyti.ms/3V0eq3t. 

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8. AG James premised her campaign on the promise of “taking on Donald Trump” 5

and issued a bevy of public statements to that effect, as further described below.

9. AG James’s campaign website, among other things, accused President Trump of 

engaging in “public corruption.”6 At one point, her website provided a link (which has since been 

removed) to AG James’s strategy for rooting out corruption, with a section specifically devoted to 

Trump, his family, and the Trump Organization entitled “Investigate Trump’s New York Business.”

10. As stated in the outline, the investigation would include: 

“a review of Trump-related real estate transactions, especially those 

in which the Trump family suddenly started paying cash for 

properties after years of operating their businesses exclusively by 

borrowing money.” 

11. On July 19, 2018, in a campaign speech before The Bronx Democratic Party, AG 

James promised to use the law as a “sword” against President Trump and declared that “no one is 

above the law, including this illegitimate president...and so I look forward to going into the office 

of Attorney General every day, suing him, defending your rights, and then going home!”7

12. On August 6, 2018, AG James stated that “[t]he president of the United States has 

to worry about three things: [Special Counsel Robert] Mueller, [Michael] Cohen, and Tish James. 

We’re all closing in on him.”8

5 See, e.g., Letitia James (@TishJames), Twitter (June 27, 2018, 10:48 AM ET) https://bit.ly/2GG4uuy (“Congrats 

[now-Congresswoman Alexandria Ocasio Cortez] on your victory. Looking forward to working with you to help 

Democrats take on Donald Trump.”)

6 http://www.tishjames2018.com/corruption/ 7 Letitia James, Facebook, 1:18 (July 19, 2018) (emphasis added), 

https://m.facebook.com/LetitiaJamesforNY/videos/203059860348974. 8 Hunter Walker, New York Race Could Spark New Trump Investigation, Yahoo News, Aug. 6, 2018, 

https://yhoo.it/36yLzwT . 

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13. On the same day, AG James tweeted “I’ve got my eyes on Trump Tower,”9 and 

promised to “work with Mueller to make sure justice is served.”10 AG James assured that her 

takedown of President Trump was “just getting started.”11

14. On August 13, 2018, AG James announced that she was “getting ready to ask 

[Trump] some questions — under oath.” AG James emphasized again that “Trump should be 

worried about three people: 1. Robert Mueller 2. Michael Cohen 3. Tish James.” 12

15. On August 21, 2018, AG James tweeted that President Trump is “running out of 

time,” and warned him that she would immediately investigate him and his “cronies” when she 

took office.13

16. On August 22, 2018, AG James forewarned that President Trump, among other 

things, should be scared” about her upcoming term.14

17. On September 1, 2018, AG James further committed to “take on [Trump] & his 

business in New York.”15 

18. On September 12, 2018, AG James issued the following statement regarding 

President Trump:

I’m running for attorney general, because I will never be afraid to challenge 

this illegitimate president when our fundamental rights are at stake.... I 

believe that this president is incompetent. I believe that this president is ill 

equipped to serve in the highest office of this Land. And I believe that he is 

an embarrassment to all that we stand for. He should be charged with 

obstructing justice. I believe that the President of these United States can be 

indicted for criminal offenses and we would join with law enforcement and 

other attorneys general across this nation in removing this President from 

office. In addition to that, the office of attorney general will continue to 

follow the money because we believe he’s engaged in a pattern and practice 

9 Letitia James (@TishJames), Twitter (Aug. 6, 2018, 3:47 PM ET) https://bit.ly/3lmNPvs 10 id., (Aug. 6, 2018, 5:34 PM ET) https://bit.ly/3iCnSpM 11 Id. 12 Id. 13 Id., (Aug. 21, 2018, 1:01 PM ET) https://bit.ly/33Dqi3j. (“Just wait until I’m in the Attorney General’s office.”) 14 Id., (Aug. 22, 2018, 9:09 AM ET) https://bit.ly/3nq7OuM. 15 Id., (Sept. 1, 2018, 10:44 AM ET) https://bit.ly/3ll6VBQ. 

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of money laundering. Laundering the money from foreign governments 

here in New York State, and particularly related to his real estate holdings. 

It’s important that everyone understand, the days of Donald Trump are 

coming to an end.16

19. On September 13, 2018, AG James secured her party’s nomination for Attorney 

General. In her victory speech, AG James stated that her campaign has always been centered on 

“that man in the White House who can’t go a day without threatening our fundamental rights.”17

20. On October 3, 2018, AG James tweeted that President Trump’s “days of defrauding 

Americans are coming to an end” and called upon “any agency with jurisdiction–from the IRS to 

the NY AG–to follow the facts wherever they may lead.”18 

21. On November 6, 2018, AG James was elected Attorney General of the State of New 

York. During her victory speech, she vowed to “shin[e] a bright light into every dark corner of 

[Trump’s] real estate holdings.”19

22. On December 12, 2018, during an NBC News interview given eighteen days before 

assuming office, AG James vowed to “use every area of the law to investigate President Trump and 

his businesses transactions and that of his family as well.” 20 AG James also promised to investigate 

“anyone in [Trump’s] orbit.” 

23. In an interview with political activist and former Democratic candidate for New 

York City Council Adina Sash, AG James was asked if she planned to “sue [Trump and the Trump 

16 NowThis News, YouTube, https://bit.ly/34zB7Tj. 17 Jeffrey C. Mays, Letitia James Makes History by Winning Attorney General Primary in New York, The New York 

Times, September 13, 2018, https://nyti.ms/3IXFkU9 18 Letitia James (@TishJames), Twitter (October 3, 2018) https://bit.ly/3pf1ol2 19 Jeffrey C. Mays, Breaking Barriers, Letitia James is Elected New York Attorney General, The New York Times, 

November 6, 2018, https://nyti.ms/3IXFkU9 20 Chris Mills Rodrigo, Incoming New York AG: ‘We Will Use Every Area of the Law to Investigate President Trump’, 

The Hill, Dec. 12, 2018, 9:20 AM ET, https://bit.ly/33CybpG . 

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Organization].”21 AG James laughingly responded “[o]h, we’re definitely going to sue him. 

We’re going to be a real pain in the ass. He’s going to know my name personally.”22 

24. On January 3, 2019, AG James told CNN that she would “ensure that the man 

currently occupying the Oval Office is held accountable to [sic] any and everything he has done.” 

She also stated that she would “never be afraid to challenge this illegitimate president” and that 

investigating Trump “fuels [her] soul.” 23

25. In or about March 2019, the NYAG officially initiated an investigation into the 

financial dealings of the Trump Organization. 

26. On April 23, 2019, AG James repeated her prior, unfounded allegation that

President Trump and the Trump Organization were engaged in criminal activity: “We need to 

focus on Donald Trump and his abuses . . . we need to follow his money . . . we need to find out 

where he’s laundered money . . . all of those transactions have happened here in New York City.”24

27. On July 23, 2019, AG James tweeted that President Trump “has spent his career 

hiding behind lawsuits” and promised to “vigorously fight” him.25 

28. On December 10, 2019, AG James accused President Trump of “abuse of power.”26

29. On October 29, 2021, after declaring her candidacy for Governor of the State of 

New York, AG James boasted that she “sued the Trump Administration 76 times, but who is 

counting?”27 

21 Adina Sash (@FlatBushGirl), Instagram (Nov. 7, 2018) https://bit.ly/34zVOhE 22 Id. 23 Athena Jones, New NY Attorney General Vows to Target Trump, CNN.com, Jan. 3, 2019, https://cnn.it/3d48gu1 . 24 MSNBC, New York Attorney General on Plan to Thwart Trump Pardons, YouTube, April 23, 2019, 

https://bit.ly/33z1WaG. 25 Letitia James (@NewYorkStateAG) Twitter, July 23, 2019, 3:36 PM ET, https://bit.ly/2GEQykG. 26 Letitia James (@NewYorkStateAG), Twitter, Dec. 10, 2019, 1:21 PM ET, https://bit.ly/2F5RcXV . 27 Letitia James (@TishJames), Twitter, October 29, 2021, 1:31 PM ET. 

https://www.nytimes.com/2021/10/29/nyregion/letitia-james-governor.html 

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30. Subsequently, on August 24, 2020, the NYAG commenced a special proceeding 

pursuant to CPLR Article 4 to oversee compliance with various investigatory subpoenas. See 

generally People v. Trump Organization, et al., Supreme Court, New York County, Index No. 

451685/2020. 

31. Thereafter, on September 21, 2022, the NYAG, acting “on behalf of the People of 

the State of New York pursuant to the New York Executive Law,” filed the instant action, alleging 

that President Trump, the Trump Organization, and 14 other defendants pursuant to its purported 

authority under Executive Law § 63(12). See generally, People v. Donald J. Trump, et. al.,

Supreme Court, New York County, Index No. 452564/2022.

32. Defendants respectfully request that this Court grant the within motion in its 

entirety, along with such other and further relief this Court deems necessary.

Dated: New York, New York ______________________________________________________________

November 21, 2022 ALINA HABBA, ESQ.

HABBA MADAIO & ASSOCIATES LLP

1430 U.S. Highway 206, Suite 240

Bedminster, New Jersey 07921

-and112 West 34th Street, 17th and 18th Floors

New York, NY 10120

Phone: (908) 869-1188

Counsel for Donald J. Trump, Allen 

Weisselberg, Jeffrey McConney, 

The Donald J. Trump Revocable 

Trust, The Trump Organization, Inc., 

Trump Organization LLC, DJT 

Holdings LLC, DJT Holdings 

Managing Member LLC, Trump 

Endeavor 12 LLC, 401 North 

Wabash Venture LLC, Trump Old 

Post Office LLC, 40 Wall Street LLC 

and Seven Springs LLC

FILED: NEW YORK COUNTY CLERK 11/21/2022 10:05 PM INDEX NO. 452564/2022

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CERTIFICATION OF COUNSEL

I hereby state, pursuant to pursuant to NYCRR 202.70.17, that the foregoing Affirmation

was prepared with Microsoft Word. Pursuant to Microsoft Word’s word count feature, the total 

number of words in the foregoing Affirmation (excluding the caption, table of contents, table of 

authorities, signature block, and this certification) is 2166. 

Dated: November 21, 2022 

New York, New York ____________________________________ 

 Alina Habba, Esq. 

 

FILED: NEW YORK COUNTY CLERK 11/21/2022 10:05 PM INDEX NO. 452564/2022

NYSCEF DOC. NO. 196 RECEIVED NYSCEF: 11/21/2022

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