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Maryanne Trump Barry

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Maryanne Trump Barry
Barry in 2006
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
New York City, U.S.
DiedNovember 13, 2023(2023-11-13) (aged 86)
New York City, U.S.
Political partyRepublican
Spouses
David Desmond
​
​
(m. 1960; div. 1980)​
John Barry
​
​
(m. 1982; died 2000)​
Children1
Parents
RelativesTrump family
Education
Signature

Maryanne Trump Barry (née Trump; April 5, 1937 – November 13, 2023) was an American attorney and 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 by President Bill Clinton.

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

Barry was the eldest sister of former president Donald Trump.

Early life and education

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Barry was born Maryanne Trump in the Queens borough of New York City on April 5, 1937, the first child of real estate developer Fred Trump and his wife Mary Anne MacLeod Trump.[1] She was the eldest sister of Donald Trump.[2][3] She attended Kew-Forest School.[4]: 243  She graduated cum laude with a BA from Mount Holyoke College in 1958,[5][6][4]: 244  and an MA in public law and government from Columbia University in 1962.[5][7] She later attended law school, earning her JD from Hofstra University School of Law in 1974.[5]

Career

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U.S. attorney's office

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After being a homemaker for 13 years, Barry became an assistant United States attorney in 1974, one of only two women out of 62 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]

Federal judicial service

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U.S. District Court service

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On September 14, 1983, Barry was nominated by President Ronald Reagan to a seat on the United States District Court for the District of New Jersey vacated by Henry Curtis Meanor.[1] She was confirmed by the United States Senate on October 6, 1983, and received her commission the next day.[9] According to her niece Mary L. Trump, Donald Trump influenced his lawyer Roy Cohn to get Barry the commission, which Donald waged against Barry, prompting her to state that she had earned the position.[10]

In 1985, she recused herself in a drug-trafficking case due to her brother Donald's relationship with the accused trafficker.[11] Her service in the district court ended on October 25, 1999, when she was elevated to the 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 service

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Barry in 1992

A Republican, Barry was nominated to serve on the U.S. 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.[12] (Clinton had nominated Robert Raymar to the seat in 1998, but that nomination expired at the end of that year without being given a hearing by the Senate Judiciary Committee.)[13]

The U.S. Senate unanimously confirmed Barry on September 13, 1999.[14] She received her commission on September 22, 1999.[12] Barry told the New Jersey Law Journal in 1999 that she was "deeply honored and very grateful for the nomination" and was "surprised [to be] approached on it", stating, "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".[15]

In January 2006, Barry testified to support the appointment of fellow Third Circuit Judge Samuel Alito to the Supreme Court.[16]

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 concluded that Cham had been "ground to bits" emotionally.[17][18][19][20] 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.[17][18][19][20] Ferlise was relieved of his duties shortly after Barry's decision.[18]

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.[21][22]

Barry retired on February 11, 2019. Her retirement ended an investigation of whether she had engaged in fraudulent tax schemes with her siblings that violated judicial conduct rules. The investigation closed without concluding the allegations.[23][24]

Allegations of tax evasion

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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 to limit estate tax and gift tax liability stemming from Fred Trump's real estate enterprises.[25] Investigative journalist Susanne Craig discovered a filing Barry had made to the U.S. 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.[26] The Times reported that All County Building Supply & Maintenance was a "sham company" formed in 1992[26] 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 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".[27] Its address was the Manhasset, New York, residence of John Walter, Fred Trump's nephew.[26][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.[27]

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.[25][28][23]

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, regarding her alleged participation in fraudulent tax and financial transactions.[29] Ten days later, Barry, a senior inactive judge, announced her retirement from the bench, effectively ending the investigation.[23]

Private criticism of Donald Trump

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Barry made few public statements about her younger brother Donald Trump during his presidency.[8] In August 2020, their 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 her brother.[8] Mary publicly released several transcripts and audio excerpts of the conversations, including content that did not previously appear in her 2020 book Too Much and Never Enough.[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. [...] It's the phoniness of it all. It's the phoniness and this cruelty. Donald is cruel."[8] She added that he did not read books and had someone take the college entrance exam in his place.[8] In the recordings, Barry also criticized her brother's family separation policy and the bankruptcies of his businesses, adding that "you can't trust him".[8][30][31]

Personal life, illness and death

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Barry's first husband was David Desmond; the couple divorced in 1980.[32] In 1982, she married New Jersey lawyer John Joseph Barry.[1][7] They were married for 18 years before he died on April 9, 2000.[33] She had one son from her first marriage, David William Desmond, who became a psychologist.[32][34]

Barry converted to Catholicism as an adult and frequently attended Mass.[35] In 2016, she gave $4 million to the Catholic Fairfield University to fund scholarships and endow the university's Center for Ignatian Spirituality.[36][37]

In 2023, Barry was reported to be under hospice care for cancer.[38] On November 13, 2023, she died at her home on Manhattan's Upper East Side, at the age of 86.[39]

Awards

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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]

Notes

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  1. ^ According to the investigation by The Times, John Walter (1934–2018) (Archived January 28, 2020, at the Wayback Machine) managed Fred Trump's business records. Those 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

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  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 g Kranish, Michael (August 22, 2020). "In secretly recorded audio, President Trump's sister says he has 'no principles' and 'you can't trust him'". The Washington Post. Archived from the original on August 28, 2020. Retrieved August 23, 2023.
  9. ^ "Congressional Record - Senate" (PDF). Congressional Record for United States Senate. October 6, 1983. p. 27604. Archived (PDF) from the original on November 17, 2023. Retrieved November 17, 2023 – via govinfo.gov.
  10. ^ Baker, Peter; Glasser, Susan (2022). The Divider: Trump in the White House, 2017–2021. Knopf Doubleday. p. 90. ISBN 978-0-385-54654-6. Archived from the original on August 11, 2023. Retrieved August 23, 2023.
  11. ^ "In the 80s, Trump's Business Partner was a Mob and Drug King Pin". Political Haze. March 7, 2019. Archived from the original on July 23, 2024. Retrieved November 13, 2023 – via Medium.
  12. ^ a b "Barry, Maryanne Trump". Federal Judicial Center. Archived from the original on July 16, 2019. Retrieved August 24, 2020.
  13. ^ Margolick, David (March 20, 1992). "Yale Alumni Take Lead Again, Even If Not in Law". The New York Times. New York City. Archived from the original on August 5, 2019. Retrieved August 4, 2019.
  14. ^ "When President Clinton did a very nice thing for Donald Trump". The Washington Post. July 30, 2015. Archived from the original on December 13, 2016. Retrieved February 16, 2016.
  15. ^ 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).
  16. ^ 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.
  17. ^ a b Taylor, Marisa (June 28, 2006). "Immigration judges face increased scrutiny". McClatchyDC. Archived from the original on January 29, 2021. Retrieved August 23, 2020.
  18. ^ a b c Tebo, Margaret Graham (November 24, 2006). "Asylum Ordeals". ABA Journal. Archived from the original on January 24, 2021. Retrieved August 23, 2020.
  19. ^ a b Barry, Maryanne Trump (April 28, 2006). "Abou Cham, Petitioner v. Attorney General of the United States, Respondent". FindLaw. Archived from the original on August 23, 2020. Retrieved August 23, 2020.
  20. ^ a b Simmons, William Paul (2011). Human Rights Law and the Marginalized Other. Cambridge University Press. pp. 173–176. ISBN 978-1139503266. Archived from the original on July 23, 2024. Retrieved September 1, 2020.
  21. ^ 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.
  22. ^ 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.
  23. ^ 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.
  24. ^ 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.
  25. ^ 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.
  26. ^ 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.
  27. ^ 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.
  28. ^ 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.
  29. ^ Buttner, Russ; Craig, Susanne (April 10, 2019). "Retiring as a Judge, Trump's Sister Ends Court Inquiry Into Her Role in Tax Dodges". New York Times. Archived from the original on April 11, 2019. Retrieved November 16, 2023.
  30. ^ Kelly Mena; Jeremy Diamond; Kevin Bohn (August 23, 2020). "Trump's sister bitterly criticizes him in conversations secretly recorded by her niece Mary Trump". CNN. Archived from the original on January 17, 2021. Retrieved August 26, 2020.
  31. ^ "Donald Trump's Sister Maryanne Trump Barry Leaked Audio Transcript". Rev Transcript Library. August 24, 2020. Archived from the original on January 29, 2021. Retrieved August 26, 2020.
  32. ^ 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.
  33. ^ "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.
  34. ^ "Engagements: Lisa Aitken, David Desmond". The New York Times. New York City. May 31, 1992. Archived from the original on November 11, 2016. Retrieved November 4, 2017.
  35. ^ Bernstein, Jacob (November 17, 2023). "Trump Attends His Sister's Funeral, but Does Not Speak". The New York Times. ISSN 0362-4331. Archived from the original on November 17, 2023. Retrieved November 17, 2023.
  36. ^ 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 September 12, 2017.
  37. ^ 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.
  38. ^ DeMarco, Jerry; Reakes, Kathy (November 13, 2023). "Donald Trump's Sister Dies At 86 In New York". Nassau Daily Voice. Archived from the original on November 13, 2023. Retrieved November 13, 2023.
  39. ^ Bernstein, Jacob (November 17, 2023). "Former President Trump Attends His Sister's Funeral". The New York Times. Archived from the original on April 4, 2024. Retrieved February 12, 2024.
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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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