Someone on American Thinker, where I comment, is insisting that a federal court can step in and”strike down” the New York State court judgment on federal constitutional grounds. And/or, the federal court could enjoin enforcement.
If there ever were a case where that would be warranted, this is it. Trump is hamstrung. He can’t do business in NY for 3 years, and (I read) New York won’t accept any out-of -state surety. So how can he get the money to escrow the full judgment amount? He is deprived of his constitutional right of access to the courts.
Additionally, with regard to Engoron’s judgment, there is a good argument that this is an excessive fine under 8th A. I mean, nobody was damaged. I think usually under those circumstances the fine would be nominal.
But I never heard of a fed court stepping in and abrogating a state court judgment.
Does any attorney reading this think it’s possible?
We live in a no-longer-principled legal system. On any given day, at any given place, the law is what democrats say it is and that dictum is trumpeted by the legacy “media”. It may be their intent to make it so there exists no response other than violence, so they can make a self-fulfilling prophesy. These tyrants, qua tyrants, simply make it up as they go, in full knowledge that there will not only be no objections heard, but uproarious reports of the “justice” of rulings which would have been shocking, outrageous and unenforceable a few short years ago. It is corruption so deep it must be extirpated by the roots.
The only “legal” remedy I can think of is to do what the enemy does: file for redress in a friendly federal forum. Maybe there are a few judges who see this for what it is and who are willing to do unto others….
And he has to get a bond and appeal within 30 days. I think the deadline is March 16.
How is this kosher???
Even if NY attorney general seizes his assets, liquidation process would take at least 30 days.
"If average New Yorkers went into a bank and submitted false documents, the government would throw the book at them, and the same should be true for former presidents,” James said.
Executive law 63-12 was passed in 1956.
Kerwick also said that Trump has grounds to appeal the standard of law that was applied in the case.
“Civil fraud cases have a ‘clear and convincing evidence’ standard while the court in Trump’s case applied the lower ‘preponderance of the evidence’ standard,” she said, and noted that the court cited a car accident case as authority for doing so.
Of course he can reverse it, IF he can afford to appeal.
But lemme tell ya one thing: Trump is THE coolest character I have ever seen. I watched his CPac speech yesterday, and his victory speech in South Carolina.
There he is, with a half a billion dollar penalty hanging over his head—but did his enemies expect to see him “at bay”?
No dice. No self-pity, not even any anger. He came off as serene, in charge. He came off as …HAPPY!
Can he really handle putting up half a billion dollars just to exercise every citizen’s right to appeal?
I don’t know. I HOPE so. But my point is, IF he was bluffing—
He’s doing one hell of a job at it!
And I want HIM back negotiating for the USA!!!
According to most lawyers, Mar Lago is safe from seizure because of Florida law.
Everything about this ruling is absurd because Engeron has ignored every applicable case law regarding fraud and reliance. Plus a million other reasons.
Yes, but so what?
So far I haven’t heard about any procedure to short cut the appeals process and get the multiple errors corrected.
Didja see Mark Levin last night, talking about the Timbs case ? According to him, that fairly recent case extended the 8th Amendment to the states through the 14th. Held that indiana could not seize a $42k SUV for a max fine of $10K, because of the excessive fines prohibition of the 8th A . RBG wrote the opinion.
Great! But in the meantime Trump needs half a billion dollars just to post an appeal, and just like with Arthur Andersen case, vindication will probably take at least 3 years.
The owner of the Waldorf Astoria Washington D.C. is said to have defaulted on a $285 million loan related to the hotel. CGI Merchant Group purchased the lease rights to the hotel from the Trump Organization for $375 million in 2022.
There’s lots in the way. First, you generally must exhaust all state remedies which means at least attempting appeal through the state’s highest court.
Second, you are going to have to raise a federal question, typically a civil rights violation. There may be advantages to letting yourself get abused at each stage in the process just to get more violations in the record and preclude assertions of mistake.
Thanks! State and fed are two different systems and people dont get it that fed cts have no power over state court judgments, at least not until/ unless SCOTUS grants cert.
I’m bombarded by pleas to sign a petition to vacate Engoron’s judgment. If all 74 million of us sign it, that’ll do the trick, right? Um, no.
“The prohibition embodied in the Excessive Fines Clause carries forward protections found in sources from Magna Carta to the English Bill of Rights to state constitutions from the colonial era to the present day,” Ginsburg argued in the case. “Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties.”
Ginsburg added that such fines "can be used, e.g., to retaliate against or chill the speech of political enemies.”
The justices ruled against Indiana, which was seeking to confiscate defendant Tyson Timbs’ $42,000 Land Rover, for assessing a fine that was “grossly disproportionate” to the gravity of the offense.
The Land Rover’s value was more than four times the maximum $10,000 fine that Timbs was liable for in a criminal case that involved controlled substances and conspiracy to commit theft, Independent Journal Review reported.
court.