The New York Attorney General has been called out for alleged discrimination against the former president. In the latest twist of their ongoing legal battle, a commentator is urging Donald Trump to flip the script and sue Letitia James for violating his civil rights.

The suggestion comes on the heels of a victory for Trump, as a New York appeals court agreed to delay collection of the $175 million civil fraud judgment James secured against him. Whether the former president takes this advice remains to be seen. But the bold strategy could turn the tables in this high-profile fight.

Deroy Murdock Calls for Trump to Sue Letitia James

Commentator Deroy Murdock believes Donald Trump should take legal action against New York Attorney General Letitia James for alleged discrimination.

Source: Wikimedia/Gage Skidmore

Murdock pointed to comments James made in the past indicating she planned to target the “too male, too pale, too stale” Trump administration.

Trump Should Sue Under the Civil Rights Act

Murdock suggested on Fox Business that Trump should sue James under the 1964 Civil Rights Act.

Source: Wikimedia/Cecil Stoughton, White House Press Office (WHPO)

“Now, you could talk about stale ideas, that’s fine, but too male and too pale, that constitutes, basically, sex and race discrimination. So I think what President Trump ought to do is sue her based on the 1964 Civil Rights Act,” Murdock said.

Trump Trying to Avoid Paying $175 Million Judgment

The discussion came as Trump seeks to delay paying a $175 million judgment in a civil fraud case brought against him by James.


An appeals court agreed to temporarily halt the collection of the judgment to give Trump time to appeal. Murdock suggested Trump could launch another legal battle against James even as he fights the civil fraud judgment.

Letitia James’ Past Comments About Going After Trump

Letitia James’ past comments about “going after” Trump and his administration have raised some questions about possible discrimination.

Source: Wikimedia/Alec Perkins

During her campaign for New York Attorney General, James said she would be “a real pain in the ass” for Trump and that she planned to go after the “too male, too pale, too stale” Trump administration. Some argue these comments show intent to discriminate against Trump due to his race and gender.

Comments Made During Campaign

James’ comments were made in 2018, during her campaign to become New York’s Attorney General.

Source: Gotham Gazette

At the time, James said, “I will be shining a bright light into every dark corner of Trump’s real estate dealings and every dealing, demanding truthfulness at every turn.” She said Trump’s is “too male, too pale, too stale”.

Ongoing Investigation Based on Letitia’s Previous Statements

Despite the questions about her past statements, James’ office continues to investigate Trump’s business dealings. In 2021, James’ office filed a civil suit against Trump, accusing him of fraudulently inflating his net worth.

Source: Newsweek

The suit is ongoing, though a judge recently reduced the amount of money Trump must pay while appealing part of the judgment. The legal questions surrounding James’ past comments and her current investigation into Trump remain unresolved and controversial.

Questionable Use of Power

Some critics argue that James’ civil lawsuit against Trump appears to be politically motivated rather than a legitimate use of her power as Attorney General.

Source: Reuters

They point out that James campaigned on promises to investigate Trump, calling him an “illegitimate president”, and that the civil fraud charges came after a two-year investigation into Trump’s business that failed to find criminal wrongdoing.

A Longstanding Feud Between Trump and James

James and Trump have a history of mutual hostility that predates her election as Attorney General. During her campaign, James vowed to “sue him as many times as necessary” if elected, while Trump called her a “total lightweight” and threatened to withhold federal funding from New York.

Source: Thegrio

Their feud continued during James’ tenure, with angry tweets and public comments from both sides. Some analysts argue this acrimonious relationship and desire for political revenge compromises James’ judgment in pursuing legal action against Trump.

A Desperate Move For Trump

For Trump, suing James could be seen as a desperate attempt to undermine her authority and retaliate against the legal consequences of his alleged financial fraud and mismanagement.

Source: Wikimedia/Gage Skidmore

However, others argue that if her comments and actions do amount to discriminatory overreach, Trump has the right to defend himself and hold her accountable, as would any citizen. The outcome would depend on the legal merits of Trump’s case and whether the courts see reasonable evidence of wrongdoing on James’ part.

What a Lawsuit Could Mean for Both Sides

For Trump, a lawsuit could be a way to hit back at James and cast doubt on her motivations in pursuing the civil fraud case. By framing her comments as racist and sexist, Trump could argue her office is biased against him.

Source: Theguardian

However, a lawsuit could bring renewed focus on the comments in question, giving James another platform to defend them.

What Would Happen If Trump’s Lawsuit Succeeds

If Trump’s lawsuit succeeds, it could affect how government officials discuss diversity and representation. However, the chances of success seem small, given the context of James’ comments.

Source: Pix4Free

Her office could also face an internal review to determine if any inappropriate bias affected the fraud case, though the comments alone likely do not prove improper motivation.

Critiques Against Reverse Discrimination Lawsuits

Some argue that reverse discrimination claims are overblown and that promoting diversity and inclusion does not necessarily equate to discrimination against white males.

Source: Shutterstock/ALDECA studio

However, others counter that any policy or program that confers advantages or disadvantages based on race, gender or other attributes can be discriminatory, regardless of intention.

Reverse Discrimination Remain Controversial

While reverse discrimination lawsuits remain controversial, some legal experts say they are important in preventing overreach and ensuring a balanced approach to diversity and inclusion.

Source: Modern Healthcare

For supporters of diversity initiatives, the key is crafting programs that open opportunities for underrepresented groups without creating unfair disadvantages for others based on their race, gender or other attributes.

The Lawsuit is A Political Play

Some see the feud as political theater meant to rally each side’s base. Trump and his allies can point to James as an example of the “deep state” unfairly targeting conservatives, while James builds her reputation as a fighter for accountability and justice.

Source: Shutterstock/Zenzen

The question remains whether Trump will follow Murdock’s advice to sue James, a move that—win or lose—would likely only intensify their war of words.

What This Could Mean for Future Political Battles

Trump’s actions here could have significant implications for future political disputes and lawsuits.

Source: Insperity

If he does pursue legal action against James for alleged discrimination, as Murdock suggested, it would set a precedent for politicians to file civil rights lawsuits against opponents or government officials over comments they perceive as biased or unfair.

Towing Fine Anti-Discrimination Laws

The situation highlights the fine line between calling out prejudice and weaponizing anti-discrimination laws for political gain.

Source: Shutterstock/Andrey_Popov

Determining when criticism reflects real bias versus a difference of opinion can be challenging. Discrimination lawsuits could further polarize political discourse and detract from legitimate issues if used carelessly.

The Results of a Potential Lawsuit Depend on Legal Interpretation

If pursued, the outcome of a potential lawsuit would depend heavily on the specifics of the case and interpretation of the law.

Source: King and Siegel

The threat of legal consequences could encourage more restraint and civility or increase hostility by silencing open debate. The ultimate impact on political battles and free speech is hard to predict.

What Remedy is Trump Seeking?

Trump would likely file a complaint seeking to halt funding for James’ office until she issues a public apology and puts policies in place to prevent future discrimination.

Source: Rawpixel

He may also seek monetary damages, though as a public official, James has immunity from most lawsuits.

How Likely is it Trump Would Win Such a Lawsuit?

Legal experts say Trump’s chances of prevailing in court are low. His claims are a stretch; courts grant public officials wide latitude to express opinions.

Source: Pix4Free

However, the suit could still be an effective political tactic, rallying Trump’s base and portraying James’ investigation as a “witch hunt.”

A Complex Web of Legal and Political Issues

The scenario of Trump suing James raises complex legal and political issues. While discrimination should not be tolerated, public officials must also be free to express themselves without fear of frivolous lawsuits.

Source: DeviantArt

There are reasonable arguments on both sides, and people of conscience may disagree in good faith. Overall, pursuing litigation in this situation could do more harm than good.