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OK, restarting fixed it
A New York appeals court has reduced the bond Donald Trump must post to appeal the civil fraud judgment against him to $175 million, giving him a crucial victory
Assuming Trump can post the $175 million bond, he will now be able to appeal the insane $464 million (and counting) penalty that Judge Arthur Engeron imposed on him last month. He will not face losing his properties until his appeal is heard.
Recall that Engeron’s ruling came for a “fraud” that Trump committed by taking out loans, then paying them back in full, with interest. Whatever one thinks of Trump, that decision was a travesty of justice and should frighten anyone who does business in New York. I suspect this is the first step in undoing it.
that decision was a travesty of justice and should frighten anyone who does business in New York
And, while the appellate court’s decision was good, it wasn’t great. Even a $175 million dollar bond in this case is outrageous. The good news is the amount — a third of the original — signals the court of appeals is leaning toward lopping the head of Judge Engoran’s ridiculous fine.
The appellate judges are probably thinking about the Constitutional issue.
Under the Constitution and settled Supreme Court law, punitive fines generally can’t exceed three times actual damages. Nor can they be so large as to bankrupt someone, or even “impose an undue financial burden on the individual.” Overlarge fines offend the Eighth Amendment’s prohibition of excessive fines. In a major recent case, Timbs v. Indiana (2019), the Court confirmed that the excessive fines clause of the Eighth Amendment applies to the States (not just the federal government), in both civil and criminal cases.
So that’s my best guess as to what the court of appeals had in view. That and politics. If it waived the bond requirement it would have been pilloried. Media doesn’t seem to know what to make of the $175 million bond, which is still a LOT, so they’re mostly ignoring it.
Assuming that Judge Engoran’s fine for “overestimating real estate” stands at all, it seems likely to be greatly reduced.
Radical New York Judge Arthur Engoron has come under investigation over allegations that he colluded with a lawyer regarding the case he was overseeing against President Donald Trump.
A New York real estate attorney claims that he coordinated with Engoron in the case against Trump.
The New York State Commission on Judicial Conduct has launched a probe into the claim by Attorney Adam Leitman Bailey.
Bailey told WNBC-TV that he had a secret, off-the-record courthouse conversation with Engoron three weeks before the judge would slap Trump with a $454 million penalty for allegedly inflating the value of his assets.
New York judges are barred from considering outside opinions in such a way when litigating a case.
Excellent summary of the lawfare case against @realDonaldTrump that was just crushed by the NY Appellate.
Incredibly sensible questions by appellate judges had me in stitches
American justice system for the W.
Excellent summary of the lawfare case against realDonaldTrump that was just crushed by the NY Appellate.
Incredibly sensible questions by appellate judges had me in stitches
American justice system for the W.
Now that the appeals court has overturned the conviction
HeadSet says
When did that happen? I cannot find it in the news.
exactly
About two days after I noted that Trump’s historic half-billion-dollar New York fine remained stayed, the New York Court of Appeals issued an equally historic blockbuster opinion that completely wiped it out. Big platforms like the New York Times airbrushed the article right out of their front page lineups. But NBC ran the remarkable story under the headline, “New York appeals court throws out Trump's more than $500 million fraud judgment.”
It hardly seems necessary to remind C&C readers that this is one of the most politically-charged cases in history. It’s the only one that offered Democrats any hope of ‘real’ consequences for Trump being Trump. They even built little mantelpiece shrines to corpse-like Judge Arthur Engoran, fondly arranged right next to their Fauci bobbleheads. ...
No bank lost a dime, no lender testified they were duped, and every loan was repaid on time with interest. Instead of admitting those missing elements sank the case, the court waved them away, and invested even more pages in a new doctrine of convenience: in this case, they said, the AG doesn’t need to prove harm and reliance.
At the end of the very long judicial day, even after 120+ pages of Engoron-repair and Trump-bashing, the Justices had no choice but to finally face the Constitution. Citing controlling Supreme Court precedent, they ultimately (and tersely) admitted the disgorgement award was excessively punitive, and struck it down under the Eighth Amendment’s ban on excessive fines. That part they got right — and it’s exactly what SCOTUS will do if the case finally crawls its way up there.
No bank lost a dime, no lender testified they were duped, and every loan was repaid on time with interest. Instead of admitting those missing elements sank the case, the court waved them away,
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