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The 8th Amendment comes out in favor of Trump in the New York Real Estate Case
American Thinker ^ | 02/27/2024 | Daniel R. Street

Posted on 02/27/2024 7:13:23 AM PST by SeekAndFind

On February 16, 2024, a judge in New York State imposed fines totaling just over $360 million on former president Donald J. Trump, The Trump Organization, and several related Trump companies and trusts in the civil case brought by the New York attorney general.  President Trump’s sons Donald Trump, Jr. and Eric Trump were fined just over $4 million each.  The court imposed additional sanctions, including injunctions against former president Trump; Donald Trump, Jr.; and Eric Trump from serving as officers or directors in New York corporations for specified numbers of years, among other sanctions.

The media reporting on the court’s decision has been massive since the decision was rendered.  However, little or no reporting focused on the constitutionality of the fines under the Eighth Amendment to the United States Constitution.  President Trump and his co-defendants all have substantial 8th Amendment “excessive fine” challenges to raise.  In fact, a review of the facts and applicable law reveal that this decision is simply more election interference.

Background about the Case

The fines stem from a civil suit filed by New York attorney general Letitia James in 2022, claiming that former president Trump and his companies used falsely inflated asset valuations and misleading financial statements in dealings with lenders.  The suit alleges various different claims, chief among them the New York State Executive Law Section 63(12) “fraudulent or illegal acts” claims.

Importantly, the Trump case involved no victims. The court could not order any lender to be paid back or made whole, because the lenders not only were paid back, but all made money on the loans made to Trump.

Since the case did not present any victims, the New York judge ordered what is known as disgorgement — that is, to give up “profits.


(Excerpt) Read more at americanthinker.com ...


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events; US: New York
KEYWORDS: 8thamendment; constitution; eighthamendment; fines; harassment; newyork; newyorkcity; nyc; persecution; realestate; trump
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1 posted on 02/27/2024 7:13:23 AM PST by SeekAndFind
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To: SeekAndFind

Good, I hope Donald prevails.


2 posted on 02/27/2024 7:16:47 AM PST by No name given (Anonymous is who you’ll know me as)
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To: SeekAndFind

but to the democrats there is no Constitution


3 posted on 02/27/2024 7:17:16 AM PST by butlerweave
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To: SeekAndFind

Arguing the 8’th is fine If it comes down to having ro do that, BUT, it is the fsct that the whole stinking trial was corrupt, and he shouldn’t have to pay a dime because he did nothing wrong. The trial and verdict should be thrown out and the judge and prosecutors severely punished for abusing their authority and positions!


4 posted on 02/27/2024 7:22:41 AM PST by Bob434
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To: butlerweave

They have always looked at it as a living document that changes with the times.


5 posted on 02/27/2024 7:23:32 AM PST by shotgun
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To: butlerweave
but to the democrats there is no Constitution

"When I use a word," Humpty Dumpty said in rather a scornful tone, "it means just what I choose it to mean — neither more nor less."

6 posted on 02/27/2024 7:23:33 AM PST by null and void (I identify as a conspiracy theorist. My personal pronouns are told/you/so.)
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To: SeekAndFind

I think Trump has a strong case under the No State shall make a Law impairing the Obligation of Contracts clause of the Constitution as well as the 8th Amendment.

Both apply directly to the Erogon Case


7 posted on 02/27/2024 7:27:13 AM PST by rdcbn1
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To: SeekAndFind

In light that there were no claims of harm by anyone, ANY fine would be excessive. This a purely political witch hunt and this type of seizure amounts to theft by the government. And even worse, the judge said that he had to pay a half billion dollars just to appeal! This has to be one of the worst miscarriages of justices with no victim ever.


8 posted on 02/27/2024 7:28:57 AM PST by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: Bob434

The judge and prosecutors ought to be disbarred.


9 posted on 02/27/2024 7:30:56 AM PST by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: shotgun
"They have always looked at it as a living document that changes with the times."

And changed to whom it is applied depending whose ox is getting gored.

"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."--John Adams

10 posted on 02/27/2024 7:32:26 AM PST by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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To: Blood of Tyrants

I agree- their actions were so aggreguous that even some of the more objective and honest democrats understand how corrupt the judgement is


11 posted on 02/27/2024 7:32:33 AM PST by Bob434
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To: Bob434

objective and honest democrats “

You can find them riding unicorns


12 posted on 02/27/2024 7:39:58 AM PST by iamgalt
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To: shotgun
They have always looked at it as a living document that changes with the times.

Per the late and great Justice Anthony Scalia, "The only thing wrong with a living constitution is that will destroy The Constitution!"

13 posted on 02/27/2024 7:59:15 AM PST by cpdiii (cane cutter-deckhand-oilfield roughneck-drilling fluids tech-geologist-pilot-instructor-pharmacist)
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To: butlerweave

Yes. James and her creepy commie puppet judge trampled all over Trumps right to mount a defense, free speech, due process and excessive punishment. This puts the appeal on SCOTUS docket. I hope that James and the judge get disbarred for this travesty of justice.


14 posted on 02/27/2024 8:03:13 AM PST by DeplorablePaul (ll)
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To: iamgalt

Well,i shoulda said “somewhat more,objective and honest”

Some democrats are coming outpretty strongly agaisnt the judge and his corrupt ruling- likely fearing that it will damage ny and affect their businesses in the long run-


15 posted on 02/27/2024 8:07:52 AM PST by Bob434
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To: SeekAndFind

cruel and unusual punishment


16 posted on 02/27/2024 8:09:03 AM PST by TexasFreeper2009
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To: SeekAndFind
Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Note to New York Times and Washington Post Bimbos: The liberal 'judge' is stupid.

17 posted on 02/27/2024 8:14:34 AM PST by GOPJ (Democrat superdelegates created to stop the 'black community' from electring the 'wrong person'...)
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To: SeekAndFind

Bkmk


18 posted on 02/27/2024 8:15:36 AM PST by sauropod (Ne supra crepidam.)
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To: SeekAndFind

We live in Post-Constitutional America, so that doesn’t matter anymore.


19 posted on 02/27/2024 8:16:42 AM PST by dfwgator (Endut! Hoch Hech!)
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To: SeekAndFind
Excellent article, thanks for posting it.

There is a linked article within Daniel Street's article you posted, that is a very good read as well, and I suggest people read that one, too:

LINK: Judge Engoron’s Inflation Of Trump’s ‘Ill-Gotten Gains’ Is The Real Financial Fraud

20 posted on 02/27/2024 8:37:43 AM PST by rlmorel ("The stigma for being wrong is gone, as long as you're wrong for the right side." (Clarice Feldman))
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