Posted on 02/20/2024 6:01:35 PM PST by Olog-hai
“President Trump has an 8th Amendment challenge to the unconstitutional fines levied against him by a rogue judge,” Constitutional Scholar Mark Levin noted Tuesday, commenting on the extraordinary $370 million fine (including interest) imposed by a New York judge.
Later that day, former President Trump posted the text of the 8th Amendment on TruthSocial.com platform, later linking to the same article linked by Levin in his comment posted on X (formerly Twitter). […]
As Levin, (Arthur) Fergenson, (Jonathan) Turley, (Steven) Calabresi and a host of other constitutional experts have noted, the fine is extraordinary not only because of its unprecedented size, but also because it punishes Trump for a fraud conviction in which no one was actually defrauded. …
(Excerpt) Read more at mrctv.org ...
I do not think so. I think this was specifically staged to cause financial catastrophe to Trumps business empire by taking all liquid cash and forcing sale of non liquid assets at fire sale prices.
How so?
Has anyone quantified the amount of money that the state of New York lost in this fraud?
Oh, no doubt, I certainly agree that the assessment is excessive. However, DJT is now dependent on the judiciary to agree...
This is persecution, selective prosecution, excessive politically-inspired punishment. State seizure (nationalization) of private property.
I think it is really called stealing
. Modern day train robbery.
It fits the definition of attainder.
Not so much a simple matter of arithmetic as it a matter of justice. Can DJT withstand such an (illegal) assessment? Yes, I think he can. He may be financially destroyed as a result, but he can do it.
The real issue is whether the penalty is ‘fair’, ‘equitable’, and ‘appropriate’.
There are different components driving each of those assessments.
Fair? How does it compare to other penalties in like or nearly like circumstances?
Equitable? Does the penalty weigh against the penalties levied against others in equivalent circumstances?
Appropriate? Does the penalty stand the scrutiny of the conditions of its imposition?
Zero.
There are many good, conservative federal judges in Texas. The trick is to find a basis to file suit in a rural district where there are only one or two federal judges and they are all conservative.
You mean a matter of injustice, as it’s being presently executed. Punishment for non-crimes is excessive by default as things stand. The Constitution also forbids attainder.
And so it seems we are arguing the same point.
I’m glad you agree.
They are playing with federal court fire.
1) Notably the 8th amendment:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The Supreme Court has held that the Excessive Fines Clause prohibits fines that are “so grossly excessive as to amount to a deprivation of property without due process of law”.
Trump alluded to it on the Laura Ingram show on Tuesday evening, Feb 22nd. Trump performed a major troll of both James and Enrogon on that show, calling them communists or fascists,......cranking up the ante and making James froth at the mouth, who was threatening to sieze one of the Trump poperties, his sky scraper at 40th and Wall street
2)
It may be that this while mess ceated by Letitia James and Judge Enrogon ( both of them are in jeopardy) will be going to federal court and eventually to the Supreme Court. The federal court could stay the fine until the federal case is determined,, including the violation of President Trumsp rights of due process and his Civil right where James has used the court system to trample the due process rights of President Trump under color of law, seeking to end President Trump’s campaign for the presidency.
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Deprivation Of Rights Under Color Of Law
Summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
YOu bet, Letitia James and Enrogon are playing with fire, and they both are already getting burned by spokesmen from the Real Estate industry in New York and by Truckers.
O’LEARY said NEW YORK is the #1 loser state after TRUMP FINE
https://www.youtube.com/watch?v=Mkl1SNofk1k
Truckers threaten to boycott NYC over Trump verdict Morning in America
https://www.youtube.com/watch?v=xZgzwbWCVCM
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