Posted on 02/19/2024 1:35:33 PM PST by ChicagoConservative27
Former President Donald Trump must pay nearly half a billion dollars as a bond to New York State before he can appeal the ruling by Judge Arthur Engoron last week that he must pay $354 million in fines — over $450 million, with interest — for fraud.
Critics have noted that Trump is the only person ever to be sued under an obscure New York fraud statute that does not require any harm be done, and that effectively criminalizes the everyday practice of real estate valuations in negotiations with banks.
Though Attorney General Letitia James — who ran for office promising to target Trump — claimed that no one is above the law, her case against Trump marks the only such case in the history of the state. And the staggering fine is likewise unprecedented.
(Excerpt) Read more at breitbart.com ...
“Will Republicans begin lawfare?”
They would have to grow a set to do that.
“You don’t think Trump could request a stay and an appeal on constitutional grounds directly to SCOTUS? Of course they could.”
No. He cannot. Underlining doesn’t help.
“He has to pay DAILY interest on the fine.”
Judgments in NY accrue 9% annual simple interest. But he is likely on the hook for interest as of the date the lawsuit was filed.
28 U.S. Code § 1257 - State courts; certiorari
(a) Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
(b) For the purposes of this section, the term “highest court of a State” includes the District of Columbia Court of Appeals.
No. He cannot. Underlining doesn’t help.
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court...The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
You're beyond help.
I would think he should just apply directly to the Supreme Court for relief, since the entire state is denying him several of his Constitutional rights. Let the Supreme Court go on record that the rule of law is over in this country, so we can get this show on the road.
I am assuming Craig went to law school. I went to law school. You’re demonstrating that you did not. Just stop. It’s okay to be upset. But your anger and frustration doesn’t change the fact that there is no immediate, backdoor access to any federal court, much less the Supreme Court, in this case.
Evil needs to be extinguished with prejudice.
“You’re beyond help.”
You and the armchair lawyers around here who have no idea what they’re talking about do nothing but hurt the conservative cause by spewing random nonsense like this.
There is a PROCEDURE that MUST be followed for the supreme court to take an appeal of a case. Those procedures are codified in federal law and the Supreme Court rules of procedure. The court will NEVER take a case from a state court except the state’s supreme court (see the statute previously posted, 28 U.S.C. § 1257) and will only take a case from a federal court before a decision of a circuit court of appeals in extraordinarily rare circumstances (Supreme Court rules 11 and 18).
Period, full stop, end of story. Please learn just a LITTLE bit maybe before commenting random crap like this.
So there’s a nuance here that’s not being properly elucidated by anyone. Trump doesn’t have to post anything to appeal, in theory. He needs to post the money or the bond to stop the judgment from being executed against him pending the determination of his appeal. See CPLR 5519(a)(2).
So for everyone saying there’s no way the average person would be able to appeal a judgment of $400 Million so they’d never be able to appeal...the average person wouldn’t be able to have $400 million collected from him so there wouldn’t be a need to post a $400 million bond to stay enforcement of the judgment pending appeal. But in this unusual set of circumstances, the state actually could force that money from Trump, so he has to do it, or the state can take his money before the appeal is decided.
“So there’s a nuance here that’s not being properly elucidated by anyone. Trump doesn’t have to post anything to appeal, in theory.”
I agree with you. I gave some more detail here:
https://freerepublic.com/focus/news/4218547/posts?page=145#145
I’ll add: The two judgments against Trump in favor of E. Jean Carroll were in federal court. Even though the court sits in Manhattan, the procedures are governed by federal law, which governs every federal court in the country. The federal courts’ rules are similar to New York’s. Trump has already posted the undertaking for the appeal from the first Carroll judgment and will probably do the same for the second.
Thanks for shedding more light on this!
You speak the truth.
Judge Erdogan would claim he does, too.
But he doesn’t follow the spirit of truth, therefore he cannot speak it.
“ When the defeat of the deep state is fully recognized, we will see how easy it was.”
Until then, people rot in jail. Appeals take a few years.
Yes, we have brave patriots wrongly incarcerated.
But the rotting happens not in their souls, but in the souls of those who accompany evil.
The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.
https://constitution.congress.gov/browse/essay/amdt8-3/ALDE_00000962/
Exodus 23:3 NKJV
You shall not show partiality to a poor man in his dispute.
Exodus 30:15 NKJV
The rich shall not give more and the poor shall not give less than half a shekel, when you give an offering to the LORD, to make atonement for yourselves.
Proverbs 11:1 NKJV
Dishonest scales are an abomination to the LORD, But a just weight is His delight.
This ruling is flagrantly unjust.
There’s a gofundme page for Trump, and people are giving generously, but this is a HUGE amount. Check out this site.
https://www.gofundme.com/f/stand-with-trump-raise-the-settlement
I can give you an example of a 2022/2023 Colorado case where a state supreme court denied a petition for review and the US Supreme court took the case from the lower court.
The "average person" of course doesn't have $400 million but they would stand to have what ever money they do have collected to stay enforcement.
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