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Maryanne Trump Barry

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Maryanne Trump Barry
Senior Judge of the United States Court of Appeals for the Third Circuit
In office
June 30, 2011 – February 11, 2019
Judge of the United States Court of Appeals for the Third Circuit
In office
September 22, 1999 – June 30, 2011
Appointed byBill Clinton
Preceded byH. Lee Sarokin
Succeeded byPatty Shwartz
Judge of the United States District Court for the District of New Jersey
In office
October 7, 1983 – October 25, 1999
Appointed byRonald Reagan
Preceded byHenry Curtis Meanor
Succeeded byJoel A. Pisano
Personal details
Born
Maryanne Trump

(1937-04-05) April 5, 1937 (age 87)
New York City, U.S.
Political partyRepublican
Spouse(s)
David Desmond
​
​
(m. 1960; div. 1980)​

John Barry
​
​
(m. 1982; died 2000)​
Children1
Parent(s)Fred Trump
Mary Anne MacLeod
RelativesTrump family
EducationMount Holyoke College (BA)
Columbia University (MA)
Hofstra University (JD)

Maryanne Trump Barry (born April 5, 1937) is an American attorney and a retired United States federal judge. She became an Assistant United States Attorney in 1974, and was first appointed to the United States District Court for the District of New Jersey by President Ronald Reagan in 1983. In 1999, she was appointed to the United States Court of Appeals for the Third Circuit (Philadelphia, PA) by President Bill Clinton.

In January 2006, she testified before the Senate Judiciary Committee in support of the nomination of her colleague Samuel Alito to the United States Supreme Court. She took senior status in June 2011 and in February 2019 she announced her retirement from the bench after an investigation was launched into allegations that she committed judicial misconduct by participating in fraudulent tax and financial transactions. She is the sister of former U.S. President Donald Trump.

Early life and education

Barry was born Maryanne Trump in Queens in New York City on April 5, 1937, the eldest child of real-estate developer Fred Trump and Mary Anne MacLeod Trump.[1] She is an elder sister of Donald Trump, 45th President of the United States.[2][3] She attended Kew-Forest School.[4]: 243  She graduated cum laude with a Bachelor of Arts degree from Mount Holyoke College in 1958,[5][6][4]: 244  and a Master of Arts in public law and government from Columbia University in 1962.[5][7] She later attended law school, earning her Juris Doctor from Hofstra University School of Law in 1974.[5]

Career

U.S. Attorney's Office

After being a homemaker for thirteen years, in 1974 Barry became an Assistant United States Attorney, one of only two women out of sixty-two lawyers in the office of the United States Attorney for the District of New Jersey.[8] She was in the civil division from 1974 to 1975 and in the appeals division from 1976 to 1982, serving as deputy chief of that division from 1976 to 1977 and chief of the division from 1977 to 1982. She served as Executive Assistant United States Attorney from 1981 to 1982. She was First Assistant United States Attorney from 1981 to 1983.[5]

U.S. District Court

Barry was nominated by President Ronald Reagan[1] on September 14, 1983, to a seat on the United States District Court for the District of New Jersey vacated by Henry Curtis Meanor. She was confirmed by the United States Senate on October 6, 1983, and received her commission the next day.

In 1985, she recused herself in a drug-trafficking case due to her brother Donald's relationship with the accused trafficker.[9][unreliable source?] Her service in the district court ended on October 25, 1999, when she was elevated to the Third Circuit Court of Appeals.[5]

Barry's reputation on the bench was that of a tough judge with strong command of her courtroom.[1] In 1989, while a district court judge in Newark, New Jersey, she disapproved a plea bargain that would have freed two county detectives accused of protecting a drug dealer, and forced the case to trial. The detectives were convicted and received jail terms. She also presided over the conviction of Louis Manna, the Genovese crime family mobster accused of plotting to assassinate rival John Gotti.[1]

U.S. Court of Appeals

Trump Barry in 1992

A Republican, Barry was nominated to serve on the United States Court of Appeals for the Third Circuit by Democratic President Bill Clinton[1] on June 17, 1999. She was nominated to fill the vacancy created when H. Lee Sarokin retired in 1996.[10] (Clinton had nominated Robert Raymar to the seat in 1998, but that nomination had expired at the end of the year without being given a hearing by the Senate Judiciary Committee.[11])

The Senate unanimously confirmed Barry on September 13, 1999.[12] She received her commission on September 22, 1999.[10] "I am deeply honored and very grateful for the nomination," Barry told the New Jersey Law Journal in 1999. "I am surprised I was approached on it. I assume that my record is good enough as a district court judge to be reached out to, and I'm glad that politics weren't a priority here."[13]

In January 2006, Barry testified in support of the appointment of fellow Third Circuit Judge Samuel Alito to the Supreme Court.[14]

In a 2006 ruling, Abou Cham v. Attorney General, Barry was harshly critical of the conduct of a U.S. Immigration Court judge in a case involving a refugee from The Gambia. The refugee petitioner was the nephew of former Gambian president Dawda Jawara, who had been deposed in a coup in 1994; the new regime had imprisoned or killed several of Cham's relatives, and outlawed their political party. Barry ruled in favor of Abou Cham; criticized Judge Donald Ferlise's questioning over a two-day hearing as bullying, belligerent, and abusive toward "an increasingly distraught petitioner"; and concluding that Cham had been "ground to bits" emotionally.[15][16][17][18] Barry wrote that there was "not a modicum of courtesy, of respect or of any pretense of fairness" in Ferlise's treatment of Cham, which led Ferlise to conclude that Cham's testimony was not credible, and concluded that the Immigration Court's ruling was a "severe wound" on the American justice system.[15][16][17][18] Ferlise was relieved of his duties shortly after Barry's decision.[16]

On June 30, 2011, Barry assumed senior status.[5] She took inactive senior status in the first week of February 2017, about two weeks after her brother's inauguration as president.[19][20]

Barry retired on February 11, 2019. Her retirement brought an end to an investigation of whether she had engaged in fraudulent tax schemes with her siblings that violated judicial conduct rules. The investigation closed without reaching a conclusion about the allegations.[21][22]

Allegations of tax evasion

In October 2018, The New York Times published an investigative report asserting that Barry, along with her father and siblings, had engaged in fraudulent and illegal activity for the purpose of limiting estate tax and gift tax liability stemming from Fred Trump's real estate enterprises.[23] Investigative journalist Susanne Craig discovered a filing Barry had made to the Senate as part of her federal judiciary confirmation in 1983, in which she had reported a $1 million contribution from All County Building Supply & Maintenance.[24] The Times reported that All County Building Supply & Maintenance was a "sham company" formed in 1992[24] and owned by Barry, Donald Trump, their siblings, and a cousin.

All County Building Supply & Maintenance reportedly paid for work performed at Fred Trump's apartment buildings; those apartment buildings then reimbursed the company, but fraudulently added extra money to those reimbursements. Tax experts reportedly indicated that because All County "performed no real work, the transfer of money through the corporation was essentially a gift that evaded the 55 percent tax in place at the time".[25] Its address was the Manhasset, New York, residence of John Walter, Fred Trump's nephew.[24][Notes 1] In a follow-up article, The New York Times reported that the money illicitly earned by All County was split by the Trump siblings.[25]

In October 2018, as a result of the publication of this investigation, the New York State Department of Taxation and Finance began a review of the fraud allegations against Barry and her siblings.[23][26][21]

On February 1, 2019, four legal professionals who had filed complaints against Judge Barry in October 2018 stemming from the allegations made in The New York Times were notified by the Court of Appeals for the Second Circuit that an investigation into judicial misconduct by Barry had been launched, in regard to her alleged participation in fraudulent tax and financial transactions. Ten days later, Barry, a senior inactive judge at the time, announced her retirement from the bench, effectively ending the investigation.[21]

Criticism of Donald Trump

Barry said little publicly about her brother during his presidency.[8] In August 2020, Barry's niece, Mary L. Trump, revealed that she had surreptitiously audio-recorded 15 hours of discussions with Barry in 2018 and 2019. In those recorded discussions, Barry sharply criticized the president.[8] Mary Trump publicly released a number of transcripts and audio excerpts of the conversations, including content that did not previously appear in Mary Trump's book published in July 2020, Too Much and Never Enough: How My Family Created the World's Most Dangerous Man.[8]

In the recordings, Barry said of her brother: "All he wants to do is appeal to his base. He has no principles. None. His goddamned tweeting and lying... oh my God. I'm talking too freely, but you know. The change of stories. The lack of preparation. The lying. Holy shit." She added that her brother does not read books and had someone take the college entrance exam in his place. She said, "It's the phoniness of it all. It's the phoniness and this cruelty. Donald is cruel."[8] In the recordings, Barry also criticized the Trump administration family separation policy and previous bankruptcies of Trump's businesses, adding, "You can’t trust him."[8][27][28]

Awards

In 2004, Supreme Court Justice Sandra Day O'Connor presented Barry with an award, named for O'Connor, that the Seton Hall University School of Law gives to women who excel in law and public service. At the presentation ceremony, Barry said, "I say to the women out there, remember how difficult it was for women like Justice O'Connor starting out," adding, "Even though she graduated with top grades, she had to take a job as a legal secretary. Remember how far we have come."[1]

Personal life

Barry's first husband was David Desmond; the couple divorced in 1980.[29] In 1982, she married John Joseph Barry, a New Jersey lawyer.[1][7] They were married 18 years before he died on April 9, 2000.[30] She has one son from her first marriage, David William Desmond, who is a New York psychologist.[29][31]

In 2016, Barry gave $4 million to Fairfield University, a Catholic institution, to fund scholarships and endow the university's Center for Ignatian Spirituality.[32][33]

Notes

  1. ^ According to the investigation by The Times, John Walter (1934–2018) Archived 2020-01-28 at the Wayback Machine managed Fred Trump's business records. Said records filled the basement of Walter's Manhasset residence. The investigation by The Times included thousands of documents such as "bank statements, financial audits, accounting ledgers, cash disbursement reports, invoices and canceled checks" and over 200 of Fred Trump's tax returns.

References

  1. ^ a b c d e f g Horowitz, Jason (August 18, 2015). "Familiar Talk on Women, From an Unfamiliar Trump". The New York Times. New York City. Archived from the original on November 10, 2015. Retrieved November 2, 2017.
  2. ^ Johnson, Jenna (October 11, 2015). "Donald Trump Says His Older Sister Isn't Interested in Becoming a Supreme Court Judge". The Washington Post. Washington, D.C.: Nash Holdings. Archived from the original on October 12, 2015. Retrieved November 4, 2017.
  3. ^ Candlish, Jane (May 16, 2015). "Councillor Welcomes Trump Donation to Western Isles Care Home". The Press and Journal. Aberdeen, Scotland: D. C. Thomson & Co. Ltd. Archived from the original on November 4, 2017. Retrieved January 25, 2016.
  4. ^ a b Blair, Gwenda (2001) [2000]. The Trumps: Three Generations of Builders and a President. New York City: Simon & Schuster. pp. 592. ISBN 978-0743210799.
  5. ^ a b c d e f "Barry, Maryanne Trump". Federal Judicial Center. Archived from the original on November 4, 2017. Retrieved November 4, 2017.
  6. ^ Margolick, David (December 4, 1992). "At the Bar". The New York Times. New York City. Archived from the original on November 11, 2016. Retrieved November 4, 2017.
  7. ^ a b "Maryanne Desmond Weds John Barry". The New York Times. New York City. December 27, 1982. ISSN 0362-4331. Archived from the original on November 11, 2016. Retrieved November 4, 2017.
  8. ^ a b c d e f Kranish, Michael (August 22, 2020). "In secretly recorded audio, President Trump's sister says he has 'no principles' and 'you can't trust him'". Washington Post.
  9. ^ Johnston, David Cay (19 October 2016). "The Drug Trafficker Donald Trump Risked His Casino Empire to Protect". thedailybeast.com. Archived from the original on 25 May 2017. Retrieved 13 March 2019.
  10. ^ a b "Barry, Maryanne Trump". Federal Judicial Center. Archived from the original on 2019-07-16. Retrieved 2020-08-24.
  11. ^ Margolick, David (March 20, 1992). "Yale Alumni Take Lead Again, Even If Not in Law". New York Times. New York City. Archived from the original on August 5, 2019. Retrieved August 4, 2019.
  12. ^ "When President Clinton did a very nice thing for Donald Trump". Washington Post. July 30, 2015. Archived from the original on December 13, 2016. Retrieved February 16, 2016.
  13. ^ Ackermann, Matt (June 21, 1999). "Conservative-with-a-Heart Barry Nominated for Third Circuit Seat". New Jersey Law Journal. 156. Camden, New Jersey: Rutgers University: 1105. Archived from the original on September 18, 2008 – via Is That Legal? (blog).
  14. ^ Brodesser-Akner, Claude (February 21, 2016). "Cruz again attacks Trump's sister, a N.J. judge". nj.com. Archived from the original on July 16, 2019. Retrieved July 16, 2019.
  15. ^ a b Taylor, Marisa (June 28, 2006). "Immigration judges face increased scrutiny". McClatchyDC. Retrieved August 23, 2020.
  16. ^ a b c Tebo, Margaret Graham (November 24, 2006). "Asylum Ordeals". ABA Journal. Retrieved August 23, 2020.
  17. ^ a b Barry, Maryanne Trump (April 28, 2006). "Abou Cham, Petitioner v. Attorney General of the United States, Respondent". FindLaw. Retrieved August 23, 2020.
  18. ^ a b Simmons, William Paul (2011). Human Rights Law and the Marginalized Other. Cambridge University Press. pp. 173–176. ISBN 978-1139503266.
  19. ^ Mannion, Cara (February 3, 2017). "3rd Circ. Judge, Trump's Sister, Stops Hearing Cases". Law360. Archived from the original on November 4, 2017. Retrieved November 4, 2017.
  20. ^ Hartfield, Elizabeth; Orden, Erica (October 3, 2018). "A financial disclosure from Donald Trump's sister led to The New York Times report on his taxes". CNN. Archived from the original on October 4, 2018. In 2017, she became an inactive judge.
  21. ^ a b c Buettner, Russ; Craig, Susanne (April 10, 2019). "Retiring as a Judge, Trump's Sister Ends Court Inquiry Into Her Role in Tax Dodges". The New York Times. New York City. Archived from the original on April 11, 2019. Retrieved April 11, 2019.
  22. ^ Gambardello, Joseph A. (April 13, 2019). "Trump's sister retires as federal judge in Philadelphia amid reported probe of family finances". philly.com. Archived from the original on April 13, 2019. Retrieved April 13, 2019.
  23. ^ a b Barstow, David; Craig, Susanne; Buettner, Russ (October 2, 2018). "Trump Engaged in Suspect Tax Schemes as He Reaped Riches From His Father". The New York Times. Archived from the original on May 26, 2019. Retrieved October 5, 2018.
  24. ^ a b c Smith, Allan (October 3, 2018). "New York Times reveals that its bombshell story on Trump's wealth was made possible by a document his sister submitted to the Senate years ago". Business Insider. Archived from the original on October 5, 2018. Retrieved October 5, 2018.
  25. ^ a b Buettner, Russ; Craig, Susanne (December 15, 2018). "As the Trumps Dodged Taxes, Their Tenants Paid a Price". The New York Times. Archived from the original on May 24, 2019. Retrieved December 15, 2018.
  26. ^ Borak, Donna; Tatum, Sophie (October 3, 2018). "New York Times investigation: Trump helped his parents evade taxes, 'including instances of outright fraud'". CNN. Archived from the original on May 10, 2019. Retrieved December 15, 2018.
  27. ^ Kelly Mena; Jeremy Diamond; Kevin Bohn (Aug 23, 2020). "Trump's sister bitterly criticizes him in conversations secretly recorded by her niece Mary Trump". CNN.
  28. ^ "Donald Trump's Sister Maryanne Trump Barry Leaked Audio Transcript". Rev Transcript Library. 24 August 2020.
  29. ^ a b Foster, Alice (April 5, 2017). "Judge Maryanne Trump Barry in Pictures: Donald Trump's Sister Celebrates 80th Birthday". Daily Express. London, England: Express Newspapers. Archived from the original on November 4, 2017. Retrieved November 4, 2017.
  30. ^ "John Barry, 60, Trial and Appellate Lawyer". The New York Times. New York City. April 18, 2000. Archived from the original on November 11, 2016. Retrieved November 4, 2017.
  31. ^ "Engagements: Lisa Aitken, David Desmond". New York Times. New York City. May 31, 1992. Archived from the original on November 11, 2016. Retrieved November 4, 2017.
  32. ^ Roy, Eleanor (October 9, 2016). "Donald Trump's Sister Gives $4 Million to Fairfield University". Palm Beach Daily News. Palm Beach, Florida: Cox Enterprises. Archived from the original on November 4, 2017. Retrieved 12 September 2017.
  33. ^ Cipollaro, Susan (September 14, 2016). "Honorable Maryanne Trump Barry Donates $4M in Honor of Rev. Jeffrey P. von Arx, S.J., President of Fairfield University" (Press release). Fairfield, Connecticut: Fairfield University. Archived from the original on August 20, 2017. Retrieved November 4, 2017.
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Legal offices
Preceded by Judge of the United States District Court for the District of New Jersey
1983–1999 		Succeeded by
Preceded by Judge of the United States Court of Appeals for the Third Circuit
1999–2011 		Succeeded by
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